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Southwest Florida's speedy foreclosure process, also known as "Rocket Docket" is under the microscope. The state attorney general's office now opening its own investigation into whether homeowners were wronged. The Attorney General wants to know if Fort Lauderdale-area lawyer David Stern followed the rules when representing the following banks in foreclosure proceedings: G-M-A-C, Aurora, Countrywide, Citigroup, Wells Fargo, Fannie Mae and Freddie Mac. The just-released depositions of his former employees confirm what many of you have already told 4 In Your Corner. Former paralegal Tammie Kapusta testified as many as half of homeowners didn't receive notice they were in foreclosure. Kapusta also alleges workers were told to fake documents and back date signatures, adding the office manager signed off on a 1,000 files a day without even reviewing them. ALSO ON FOX4NOW.COM Lawyer talks rocket docket procedure in Florida's foreclosure fight Florida Hardest Hit Housing Find 4 In Your Corner More>> The attorney general is also looking into whether stern gave that office manager extravagant gifts like a house and a car. But, perhaps, the most interesting part.. The AG wants to know if there were any arrangements made with particular judges or jurisdictions on how foreclosures would be handled. Kapusta stated the only one she was aware of was Lee County and its rocket docket. Then the investigator asks who came up with the idea for the rocket docket, an answer Kapusta didn't know. But she did say as long as the foreclosure wasn't contested, it was known lee county judges would just sign off on the final judgments. This and other statements also show paralegals and assistants under pressure to prepare 500-cases for their day in lee county court. We know Charlie Green came up with the rocket docket. Tampa-area attorneys representing homeowners are calling for the federal government to come in and take control of the state's foreclosure court system. Learn more about the new Hardest Hit Housing Find LIZA FERNANDEZ FOX 4 IN YOUR CORNER
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CM/ECF - U.S. District Court:nhd
U.S. District Court District of New Hampshire (Concord) CIVIL DOCKET FOR CASE #: 1:10-cv-00321-JL
USA, Ex Rel et al v. USA et al Assigned to: Judge Joseph N. Laplante Referred to: Magistrate Judge Landya B. McCafferty Case in other court: USDC-FL, Middle (Ft. Myers), 2:07-00228JES-SPC Cause: 18:1964 Racketeering (RICO) Act Plaintiff USA, Ex Rel Plaintiff Jorg Busse represented by Jorg Busse PO Box 1140 Naples, FL 34106-1140 PRO SE Date Filed: 07/29/2010 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant
Plaintiff Jennifer Franklin Prescott represented by Jennifer Franklin Prescott PO Box 1140 Naples, FL 34106-1140 PRO SE
V. Defendant USA Defendant US Courts Defendant US Custom & Immigration Service Defendant Tony West Defendant
Lee County, Florida – Where Anarchy …
Foreclosure Defense & Strategic Default
Stopa Law Blog – Florida Homeowners
Lee County, Florida – Where Anarchy Reigns
Posted on January 26, 2011 by Mark Stopa
Webster’s Dictionary defines anarchy as “absence or denial of any authority or established order.” When I see the most recent Order out of Lee County, Florida, I can’t help but opine that’s what the courts in Lee County have become – anarchy. Yes, there are rules in place, i.e. the Florida Rules of Civil Procedure, as promulgated by the Florida Supreme Court. However, the Lee County judges have repeatedly denied such rules apply, at least to them, particularly in foreclosure cases. That may sound harsh, but look at this Order. The judge acknowledges the case is not “at issue” under Rule 1.440; in fact a motion to dismiss was outstanding, so, by definition, the case could not have been “at issue.” In fact, the bank’s lawyers had not prosecuted the case for 10 months (not uncommon for the Marshall Watson law firm), so clearly the plaintiff didn’t care. Yet the judge was so intent on pushing the case towards trial, he ruled that the motion to dismiss was “waived,” ordered the Defendant to answer, and set trial for less than two months out. Trying to justify this ruling, the judge said the Motion to Dismiss was “waived” because it had not been set for hearing. Respectfully, this is preposterous. There is absolutely no legal authority for the proposition that a defendant “waives” a motion to dismiss by not setting it for hearing. If a defendant files a motion to dismiss, and the plaintiff chooses not to prosecute its case by setting that motion for hearing, then the case languishes. This may sound odd, but it’s actually quite common in litigation. As I’ve said before, I represent plaintiffs in lawsuits against insurance companies, and when they file motions to dismiss, it’s my job, as plaintiff’s counsel, to set that motion for hearing. It’s really not a big deal, actually. I’m the plaintiff. I’m the party seeking relief in the court system. If I want relief, I need to set a hearing. If I don’t set a hearing, my client gets no relief. In any event, there is absolutely no legal authority for the proposition that a motion to dismiss is “waived” because it is not set for hearing. The judge tried to justify setting the case for trial, even though it is not at issue, by saying “Lee County is not requiring compliance with Fla.R.Civ.P. 1.440″ and that controlling case law requiring a case be “at issue” before being set for trial is not “controlling in foreclosure cases.” To illustrate the absurdity of this ruling, please look closely at two appellate court decisions on this issue. In Bennett v. Continental Chemicals, Inc., 492 So. 2d 724 (Fla. 1st DCA 1986), an en banc First District (en banc means that every judge in the First District joined in the decision, instead of just a three-judge panel as usual) held: A notice for trial is properly filed when the action is ready for trial. Rule 1.440 is very clear as to when the action is ready for trial. Leaving little room for improvisation, it provides: (a) An action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading. … (b) Thereafter, any party may file and serve a notice that the action is at issue and ready to be set for trial. … [In this case,] at the time of the hearing, there were pending at least appellant’s motion to
Lee County, Florida – Where Anarchy …
dissolve the temporary injunction, if not his original motion to dismiss the complaint, as well as appellee’s motion to dismiss the counterclaim. With those motions pending, we hold that the action was not at issue as contemplated by rule 1.440(a). … [S]trict compliance with rule 1.440 is mandatory. … In our concluding that failure to conform with rule 1.440 is reversible error … we are adopting the bright line approach so as to avoid appeals, such as this, that would not or should not have materialized if the rule had been strictly observed. See also Precision Constructors, Inc. v. Valtec Construction Corp., 825 So. 2d 1062 (Fla. 3d DCA 2002) (“Failure to adhere strictly to the mandates of Rule 1.440 is reversible error. Accordingly, the judgment is vacated and the cause is remanded for a new trial.”). In setting the case for trial even though it was not “at issue” under 1.440, the Lee County judge ruled that 1.440 is not “controlling” in foreclosure matters. Of course, the judge cited no legal authority for such a proposition, as none exists. Hence, as I see it, the judge was basically saying ”I know Rule 1.440 requires that a case be “at issue” before being set for trial, but this is a foreclosure case, so I don’t care – I’m setting trial anyway.” This is what the court system has become in Lee County. There are rules of procedure in place, implemented by the highest court in the state. Lee County judges know about these rules, as foreclosure defense attorneys regularly point to these rules in court hearings. Yet judges ignore these rules, conclude they somehow don’t apply, and forge ahead anyway, even when the plaintiff has done nothing in the case for nearly a year. It really makes you wonder – who is prosecuting foreclosure cases? Banks? Or judges? In this case, the plaintiff’s firm had done nothing in the case for nearly a year – nothing at all – yet the judge denied the defendant’s motion to dismiss (without a hearing, without reviewing the motion on the merits, and without argument from plaintiff) and set trial. Does that seem reasonable to you? If this is how the courts are going to operate, why even have rules? Let’s just let all of the judges on a particular file make up the law as he/she sees fit. At least that way litigants and their attorneys won’t be constantly frustrated when judges refuse to apply the rules. Or we can all realize that judges are elected officials and it is our right, if we so choose, to elect not to retain those judges for another term in office. I’m not recommending that anyone do that with the judges in Lee County. However, I can’t help but wonder – if this isn’t a reason to decide not to retain a judge, then what is? Mark Stopa
This entry was posted in Main and tagged at issue and ready for trial, bankruptcy lawyers Florida, Florida Rule of Civil Procedure 1.440, forcing judges to follow the rule of law, Ft Myers bankruptcy lawyers, Ft Myers foreclosure defense attorney, help avoid foreclosure, learn how to fight foreclosure. Bookmark the permalink.
8 Responses to Lee County, Florida – Where Anarchy Reigns
January 26, 2011 at 10:05 pm
Even better when they are senior judges not subject to elections
Lee County, Florida – Where Anarchy …
January 27, 2011 at 12:11 am
I think you need to find out WHO drafted that motion. Yes the judge signed it, but who put that in font of the judge? Don’t assume it was the Plaintiffs. There has been some strange stuff going bump in the night.
January 27, 2011 at 9:16 am
Who drafted it? That does not even matter. The judge SIGNED it. Unless it’s a robo signing judge; the order says exactly the judges intent as he put his name on it. Either way its a lose/lose. A judge that doesn’t read what he signs “because it is a foreclosure case” or a judge who doesn’t care to follow the rules of civil procedure “because it is a foreclosure case.” Even if the judge never intended for this order to be published it accurately reflects how the Lee County rocket docket treats Florida rules of civil procedure. The lack of procedure for the rules drafted by the Supreme Court of Florida can be seen in various reports and transcripts.
Mark Stopa says:
January 27, 2011 at 8:29 pm
LOU CARR says:
January 27, 2011 at 10:38 am
The problem/situation you describe is not an isolated occurence. The PALACE OF OCCASIONAL JUSTICE, better known as the Broward Judicial Center, in my opinion, is the worst, especially with Judge Breger & Gates presiding. See an actual day’s personal viewing of the activities and ruling from the above mentioned judges, it is scary. http://beforeitsnews.com/story/341/884/BROWARD_COUNTY_JUDGES_DISREGARD_LONG_ESTABLISHED_LAWS.html
Mark Bowen says:
January 28, 2011 at 5:49 pm
Did anyone catch at the top of the Order what Court it was issued from? I didn’t know that either Judge Thompson or Judge Starnes were with the 2nd DCA. Can anyone say Robo-Signed Court Orders? This is not the first in a long line of clues to this affect.
February 4, 2011 at 2:05 pm
Lee County, Florida – Where Anarchy …
I agree when you file a motion to dismiss then the plaintiff or def can ask for a hearing on the matter-not the judge. Then after 10 months you can ask for a dismissal for lack of prosecution. I agree that the system is screwed up and the judges aren’t following the law or maybe they don’t know it. But its just not happening in foreclosure cases but in other cases -case in point the notorious pro tenant judge in Volusia County-Judge Shirley Green. She was a legal aid attorney and will rule in favor of the tenant and will disregard the law and will take your tenants word on any thing. You can say judge the tenant provided no proof and she will say I don’t care I believe her. I know there isn’t a lot of money for some clients to spend but I think if the appeals are stepped up then these judges will think twice about these rulings. I think you are going to see more pro se litigants challenging their foreclosures. What do they have to lose doing this -nothing.
Katina Duran says:
February 24, 2011 at 2:07 pm
I aske d for two dismissal’s, was denied both times, yet my case is in A federal court which superceded the common Please court system. The judge still wanted me to go into mediation, it blew my fucking mind.
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CM/ECF - U.S. District Court:nhd
Beverly B. Martin Defendant John Edwin Steele Defendant Ryan Barry Defendant Charlene Edwards Honeywell Defendant Sheri Polster Chappell Defendant Kenneth M. Wilkinson Defendant Richard A. Lazzara Defendant Jack N. Peterson Defendant Drew Heathcoat Defendant Bettye G. Samuel Defendant Stanley F. Birch, Jr. Defendant Gerald B. Tjoflat Defendant Susan H. Black Defendant Joel F. Dubina Defendant Sherri L. Johnson Defendant
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Eugene C. Turner Defendant Lee County, Florida, Board of Commissioners Defendant Ed Carnes Defendant John E. Manning Defendant Hugh D. Hayes Defendant John Ley Defendant Richard Jessup Defendant Diane Nipper Defendant Lynn Gerald, Jr. Defendant Kenneth L. Ryskamp Defendant Charlie Crist Defendant Charles Barry Stevens Defendant Johnson Engineering, Inc. Defendant Mark Allan Pizzo Defendant Anne Conway
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Defendant Charlie Green Defendant Reagan Kathleen Russell Defendant Richard D. Deboest, II Defendant Chene M. Thompson Defendant Lee County, Florida, Commission
Date Filed 07/29/2010
1 COMPLAINT against all Defendants with Jury Demand ( Filing fee $ 350 receipt number 14649003479) filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Complaint (pages 31-60), # 2 Complaint (pages 61-90), # 3 Complaint (pages 91-120), # 4 Complaint (pages 121-150), # 5 Complaint (pages 151-180), # 6 Complaint (pages 181-190), # 7 List of Exhibits in Support of Complaint, # 8 Exhibits A - J, # 9 Exhibits K - S, # 10 Exhibits T - X, # 11 Exhibits Y - Z, # 12 Exhibits AA - KK, # 13 Exhibits LL PP, # 14 Exhibit QQ, # 15 Exhibits RR - TT, # 16 Exhibits UU - VV, # 17 Exhibits WW - ZZ, # 18 Civil Cover Sheet)(jeb) (Entered: 08/02/2010) Case assigned to Judge Joseph N. Laplante. The case designation is: 1:10-cv-321-JL. Please show this number with the judge designation on all future pleadings. (jeb) (Entered: 08/02/2010) NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jeb) (Entered: 08/02/2010) 2 Summons(es) Issued by Mail as to Ryan Barry, Stanley F. Birch, Jr, Susan H. Black, Ed Carnes, Sheri Polster Chappell, Joel F. Dubina, Drew Heathcoat, Charlene Edwards Honeywell, Sherri L. Johnson, Lee County, Florida, Board of Commissioners, Lee County, Florida, Commission, John E. Manning, Beverly B. Martin, Jack N. Peterson, Bettye G. Samuel, John Edwin Steele, Charles Barry Stevens, Gerald B. Tjoflat, Eugene C. Turner, USA, Kenneth M. Wilkinson. (Attachments: # 1 ECF-Notice of ECF Designation (#91))(jeb) (Entered: 08/02/2010) 3 Summons(es) Issued by Mail as to Anne Conway, Charlie Crist, Richard D. Deboest, II, J Ch li G H hD H Ri h d J J h E i i
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Lynn Gerald, Jr, Charlie Green, Hugh D. Hayes, Richard Jessup, Johnson Engineering, Inc., Richard A. Lazzara, Diane Nipper, Mark Allan Pizzo, Kenneth L. Ryskamp, Chene M. Thompson, Tony West. (Attachments: # 1 ECF-Notice of ECF Designation (#91)) (jeb) (Entered: 08/03/2010) 4 Summons(es) Issued by Mail as to John Ley, Reagan Kathleen Russell, US Courts, US Custom & Immigration Service. (Attachments: # 1 ECF-Notice of ECF Designation (#91))(jeb) (Entered: 08/04/2010) 5 MOTION to Extend Time to to Serve the Defendants after said FBI raid; compel FBI to return plaintiffs' seized computers, equipment, camera, records, and summons; order restraining Defendant Officials and Tampa FBI from any further intimidation and obstruction of justice filed by Jorg Busse. (dae) (Entered: 11/18/2010) ENDORSED ORDER granting in part and denying in part 5 Motion to Extend Time. Text of Order: The motion is granted in part, to the extent that plaintiffs shall have until December 29, 2010, to effect service on defendants. The motion is denied in all other respects. Plaintiffs have failed to comply with Fed. R. Civ. P. 65, and this court is not the proper venue for plaintiffs to challenge the execution of a warrant relating to a pending federal criminal investigation or proceeding, issued by a judicial officer in the Middle District of Florida. So Ordered by Magistrate Judge Landya B. McCafferty. (dae) (Entered: 11/23/2010) 6 MOTION to Extend After FBI Siezure (to Serve Defendants) filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010) 7 MOTION for Judicial Notice of Illegal F.B.I. Seizure & Corruption filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010) 8 2nd MOTION for Judicial Notice of Illegal F.B.I. Seizure & Corruption filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) Modified on 12/3/2010 to add: Duplicate copy received on 11/29/10(cmp). (Entered: 12/02/2010) 9 MOTION FOR JUDICIAL NOTICE OF FBI FILE 316A-TP-73337 filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) Modified on 12/3/2010 to add:Duplicate copy received on 11/29/10 (cmp). (Entered: 12/02/2010) 13 NOTICE of Change of Address & Fear of Retaliation filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/03/2010) 10 MOTION FOR ELECTRONIC CASE FILING (E.C.F.) PRIVILIGES filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010) 11 NOTICE of Fraud on the Court (Middle District of Florida) and Unlawful F.B.I. Raid (File 316A-TP-73337) by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010) 12 2nd MOTION FOR JUDICIAL NOTICE OF FBI FILE 316A-TP-73337 filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010) 14 Objection to 11/23/2010 Endorsed Magistrate Order on Motion to Extend Time, filed by if F kli P tt (k d) M difi d 12/13/2010 t dd D li t
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11/24/2010 11/24/2010 11/26/2010
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Jorg Busse, Jennifer Franklin Prescott. (kad) Modified on 12/13/2010 to add: Duplicate copy received on 12/8/10(cmp). (Entered: 12/08/2010) ENDORSED ORDER denying 6 Motion to Extend Time After FBI Siezure (to Serve Defendants). Text of Order: The motion to extend time for service (doc. no. 6) is denied. That motion, filed November 24, 2010, is identical to plaintiffs' first motion for an extension of time (doc. no. 5), which this Court granted in part, resulting in their having until December 29, 2010, to effect service. See Order (Nov. 20, 2010). Plaintiffs have failed to provide this Court with any new grounds for concluding that a further extension should be granted. Plaintiffs are cautioned that they must effect service within the specified time or risk dismissal without prejudice as to any defendant who has not been served, unless good cause is shown for an additional extension of time. See Fed. R. Civ. P. 4(m). So Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 12/08/2010) ENDORSED ORDER denying 10 Motion for Electronic Case Filing (E.C.F.) Privileges. Text of Order: The motion for electronic filing privileges (doc. no. 10) is denied. Plaintiffs must complete and file with their motion the "Pro Se ECF Registration Form," available on the Court's Internet site at http://www.nhd.uscourts.gov/cp/fuf.asp, before their request for electronic filing privileges may be granted. The Clerk's Office is hereby directed to provide a copy of the requisite form to plaintiffs. So Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 12/08/2010) 16 MOTION for Reconsideration re 11/23/10 Order on Motion to Extend Time, filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Exhibit 1, Copy of Federal Rule 65, # 2 Exhibit 2, Transcript of Proceedings, Rule 11 Sanctions, # 3 Exhibit 3, Affidavit of Peterson, # 4 Exhibit 4, Appraisal, # 5 Exhibit 5, Fax to J. Busse (in German))(cmp) (Entered: 12/13/2010) 15 ORDER granting in part and denying in part 9 Motion for for judicial notice of FBI file. The motion is granted in part, to the extent that plaintiffs shall have additional time to serve the complaint. The motion is denied in all other respects. The Clerks Office is directed to provide plaintiffs with the necessary blank summonses and waivers. Signed by Magistrate Judge Landya B. McCafferty. (cmp) (Entered: 12/13/2010) 17 MOTION/Demand for FBI's Necessary Return of Raided Files & Complaint and Notice of Entitlement and Compliance with 12/13/10 Order filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Exhibit A, Property Related Documents)(cmp) (Entered: 12/28/2010) 18 NOTICE of Change of Address as to Jorg Busse, Jennifer Franklin Prescott (cmp) (Entered: 03/10/2011) 19 MOTION: Emergency Demand for "Appropriate Time Period" and Return of Plaintiffs' Litigation Files Pursuant to Fed.R.Civ.P.4 filed by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered: 03/10/2011)
CM/ECF - U.S. District Court:nhd
CM/ECF - U.S. District Court:nhd
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http://www.scribd.com/doc/36558947/David-M-Owen-Prosecution-Lee-County-Corruption August 25, 2010 CERTIFIED DELIVERY David M. Owen Crooked Lee County Attorney Foreclosure & Fraud Capitol of the World Fort Myers, Florida OWEND@LEEGOV.COM RE: DAVID M. OWEN CRIMINAL INVESTIGATION; PUBLIC CORRUPTION Corrupt David M. Owen: 1. As “Attorney for Appellee” Crooked Lee County Property Appraiser Kenneth M. Wilkinson, the $24.30 final mandate and money judgment was “directly payable” to your Office pursuant to Doc. # 365, 06/15/2009, p. 15, Case 2:2007-cv-00228. 2. On 03/17/2009, the Attorney for Def. Crooked Official Wilkinson had signed the Bill of Costs, Fed.R.App.P. 39. 3. Idiotically and capriciously, your Office again obstructed the satisfaction of said $24.30 for criminal purposes of, e.g., extortion and racketeering, U.S.A. Ex Rel. et al. v. U.S.A. et al. 4. The facially falsified “writ of execution”, Doc. # 425, BUSSE v. LEE COUNTY, FL, (under appeal), stated a. PLACE: 2115 Second Street, 6th Floor; b. CITY: Fort Myers 5. Organized corruption and crime objectively impaired your ability to, e.g.: a. Read; b. Perform your official duties as Crooked Lee County Attorney in Chief. 6. Pursuant to the official Government records there was a. NO lien, § 55.10, Florida Statutes; b. NO lis pendens, § 48.23, Florida Statutes. 7. Pursuant to § 55.141, Fla. Stat., the $24.30 was a. Satisified; b. Did not encumber any property; c. Did not cloud any title; d. Never attached to Lot 15A, Cayo Costa. 8. On the record, you have been raping the law and recklessly injuring thousands of victims. 9. Pursuant to § 695.26, Florida Statutes, you conspired with other Defendants and Officials to a. Falsify “Lee County ownership” of non-existent “land parcels”; b. Falsify “land parcel” “12-44-20-01-00000.00A0”; c. Conceal the prima facie nullity and criminality of “O.R. 569/875”. 10. Please schedule another “satisfaction and/or settlement conference”, § 55.141, Fla. Stat, at your earliest conference. Prepare for the public and media to attend.
11. The undersigned Government extortion and racketeering victims and whistle-blowers demand the presence of law enforcement. See Police Case # 2010-0128399, Fort Myers Police Department. 12. The Criminal Investigation Proceedings against your Office are published worldwide. See, e.g., Google, Scribd, YouTube, et al. 13. Under Florida’s Sunshine Law and Federal law, the Plaintiff public corruption victims demand any and all business records regarding your fraudulent and false claims of, e.g.: a. Fake “judgment” against Dr. Jorg Busse; b. Fake “July 29, 2009, judgment”; c. Fake “recording” of fake “judgment”; d. Fake “lien”; e. Fake “rule 38 motion”, Fed. R. App. P. 38. 14. Illegally, your office altered official documents and records with criminal intent to extort money and Lot 15A, Cayo Costa, PB 3 PG 25 (1912). 15. Your Office conspired to a. Conceal the bribery and judicial corruption of, e.g., i. U.S. Magistrate Sheri Polster Chappell, Fort Myers; ii. U.S. Judge John Edwin Steele, Fort Myers. 16. Under Florida and Federal law, any involuntary alienation of property is exclusively and necessarily a judicial function. 17. Here, your extortion and “ownership” “claims” have been facially a. Idiotic and insane; b. Irrational and unintelligent; c. Arbitrary and capricious; d. Crooked, corrupt, and criminal. 18. The Plaintiff victims seek your criminal prosecution, U.S.A. Ex Rel. et al. v. U.S.A. et al. PUBLIC NOTICE TO FLORIDA JUDGES
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___________________________ /s/Jorg Busse, M.D., M.M., M.B.A. Private Attorney General; Plaintiff public corruption & racketeering victim firstname.lastname@example.org 10 Benning ST # 135 West Lebanon, NH 03784-3402, U.S.A. c/o International Court of Justice Peace Palace The Hague, Netherlands _____________________ [/s/Jennifer Franklin Prescott] Private Attorney General; Plaintiff Government racketeering & corruption victim email@example.com 10 Benning Street # 135 West Lebanon, NH 03784-3402, U.S.A. c/o International Court of Justice Peace Palace The Hague, Netherlands JACK NEIL PETERSON FLORIDA BAR COMPLAINT http://www.scribd.com/doc/36533154/Florida-Bar-Complaint-JACK-NEIL-PETERSON0832774 JACK NEIL PETERSON, ASSISTANT, FLORIDA BAR # 0832774 Lee County Attorney's Office 2115 Second St PO Box 398 Ft Myers, FL 33902 239/533-2236 Fax: 239/485-2118 Email: firstname.lastname@example.org
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EXHIBITS SUPPORTING PUBLIC RECORD EVIDENCE EXTORTION, FRAUD, OBSTRUCTION OF JUSTICE, RETALIATION, BRIBERY … A. FACIALLY FRAUDULENT AFFIDAVIT [DEF. JACK
N. PETERSON, K. M. WILKINSON] INSTR 4371834, O.R. 4517 PG 1914, Collier County Public Records B. Case No. 2:07-cv-00228 C. PRIMA FACIE NULL & VOID “O.R. 569/875” AND PRIMA FACIE NULL & VOID “writ of execution”,
LAND EXTORTION SCHEME D. PETERSON E. F. Def. CHARLIE GREEN’S recording instructions RACKETEERING AND EXTORTION record 07/21/2010 letter by Def. Racketeer JACK N.
evidence, Doc. # 429, Case 2:07-cv-228 G. Docket as CERTIFIED by Def. Diane Nipper on
07/16/2010, Case No. 2:07-cv-00228 Conclusively evidencing record absence of fictitious and fabricated appeal “09-13196” H. FALSIFICATION of “appeal no. 09-13196” by Def.
Beverly B. Martin pursuant to CERTIFIED docket at B., which evidenced the lack of any such “appeal” and the “frivolity”-racketeering-and-extortion-scheme of record; “JUL 19 2010” CASE FIXING & “DISMISSAL AS FRIVOLOUS”
I. CASE NO. 2:2007-CV-00228 J. Doc. # 288, 282 (11 pages),
DOC. # 434, 07/22/2010, by Def. JOHN E. STEELE,
Third Amended Complaint, Case No. 2:2007-cv-00228,
PRIMA FACIE NULL AND VOID “legislative act” and/or “law”, Fake “O.R. 569/875”, FACIALLY FALSIFIED “regulation” and/or “resolution” attached as Page 9 of 11; ETHICS COMPLAINT against Def. Crooked Lee County Official JACK N. PETERSON Attached as Page 10 of 11 K. PRIMA FACIE FRAUDULENT and FRIVOLOUS
motion by Defendant Racketeer and “land parcel” Forger K. M. Wilkinson; “Appellee Property Appraiser’s Motion for Sanctions for Filing of a frivolous Motion”, “Rule 27-4”, Case No. 2:2007-cv-00228, Doc. # 386-2, pp 1-3, Doc. # 386-3, p. 15 L. BINDING PRECEDENT and RECORD EVIDENCE of
OBSTRUCTION OF JUSTICE, JUDICIAL RETALIATION, and EXTORTION under color of fake “judgment” & “writ”, WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959) M. Lee County, FL, INSTRUMENT # 2010000171344,
WARRANTY DEED Lot 15A, “Cayo Costa, Lee County Plat Book 3, Page 25 (1912) (2 pages) N. RECORD RACKETEERING EVIDENCE: “Motion for
Issuance of writ of execution …”,
RECORDED EVIDENCE of EXTORTION, FRAUD & FALSIFICATION of un-recorded judgment, Doc. # 386, Case No. 2:2007-cv-00228, by Def. Racketeer Jack N. Peterson; PERVERSION of recorded “$24.30 judgment” into fake “$5,048.60 debt” O. Lee County Tax Collector’s Office, Statement of Paid
Property Taxes, Lot 15A, Cayo Costa (2 pages) P. Amend the Judgment”, FALSIFICATION of “Rule 38 motion”, record evidence, Doc. # 386-5 FALSIFICATION of “Rule 38 judgment”, record evidence, Doc. # 386-5 FALSIFICATION of “Rule 38 bill of costs”, record evidence, Doc. # 386-5 FALSIFICATION of unsubstantiated “$5,000 in attorney’s fees”, Doc. # 386-5 By Defendant Racketeers Dubina, Chief Judge, Tjoflat, and Birch, Circuit Judges Facially forged and pasted “certification”, Doc. # 386-5, p. 2, right lower corner Q. MEMORANDUM OF NO DEDICATION OF THE DENIAL of “Appellee Wilkerson’s Motion to Alter or
CAYO COSTA ROADS TO PUBLIC, From The Office of Lee County, Florida, Attorney, Dec. 29, 2000, Joan C. Henry, Esq. R. in Lee County Plat Book 3, P. 25 S. Recorded Survey of riparian Lot 15A, Cayo Costa, PB 3 1912 Plat of undedicated private “Cayo Costa” Subdivision
PG 25 (1912) on the Gulf of Mexico T. parcel 12-44-20-01-00000.00A0 Fraudulent Lee County Inventory Control File, FALSIFIED
O.R. 1651 / 2488, O.R. 2967 / 1084 – 1090, BLUE SHEET 980206, 03/24/1998(6 pages) U. Falsified “Parcel 12-44-20-01-00000.00A0” by Def.
Racketeer Kenneth M. Wilkinson (2 p) V. Falsified “resolution”, “legislative act”, and/or “law” by
Def. Racketeer John Edwin Steele, Doc. ## 288, 282, Case No. 2:2007-cv-00228 W. amount of $24.30, FRAP 39 (1 p) RACKETEERING/EXTORTION EVIDENCE: March 5, 2009 “opinion”, 11th Circuit X. amount of $24.30, FRAP 39 (1 p) Y. Fraudulent “Conclusion” and Case Fixing by Defendant Bill of Costs Issued as Mandate June 11 2009, in the “Judgment Issued as Mandate June 11 2009”, in the
U.S. Circuit Judges, Doc. # 365, Case No. 2:2007-cv-00228; Doc. # 386. Z. STATE Court Docket, Plaintiffs’ Case No. 2006-CA-
003185, BUSSE v. STATE OF FLORIDA, Defendant Judge GERALD, LYNN, Jr., Filed 07/31/2006, REMOVED to U.S. District Court by Def. Judges John E. Steele and S. Polster Chappell AA. EXTORTION & PUBLIC CORRUPTION NOTICE to
Def. Drew Heathcoat, U.S. Clerk (2 pages) BB. Steven E. Ibison CC. DESTRUCTION of official records as evidenced by Federal Bureau of Investigation Special Agent in Charge,
search of “2007-00228”, 11th Circuit
DD. Appeals, 11th Circuit EE.
DESTRUCTION of Docket No. 201010963, U.S. Court of
CASE FIXING, OBSTRUCTION OF JUSTICE, AND
RETALIATION by Def. Judges Black, Carnes, and Martin, dated “JUL 19 2010” (2 pages) FF. NOTICE OF CORRUPTION AND LETTER
DEMANDING AUTHENTICATION, Def. JOHN LEY, U.S. Circuit Clerk, 11th U.S. Appellate Circuit (2 pages) GG. Motion to Stay Prima Facie Illegal Execution as a
Matter of Law, Case No. 2:10-cv00390 (5 pages) HH. MISCONDUCT Chapter 838, Fla. Stat., BRIBERY, MISUSE OF PUBLIC OFFICE II. Attorney, Tony West, Matthew L. Fesak, affirming U.S. jurisdiction under “civil RICO” JJ. 2:2007-cv-00228, Doc. # 425 KK. Section 55.10, Florida Statutes, Judgments…, FACIALLY FALSIFIED “writ of execution”, Case No. Case No. 2:2010-cv-00089, Doc. # 29, pp. 4, 7, Def. U.S. Section 838.022, Florida Statutes, OFFICIAL
Chapter 55 Judgments, Florida Statutes LL. Defendant Racketeer K. M. Wilkinson’s Answers to
Plaintiff’s First Set of Interrogatories” under oath, 10/22/2007; in particular, asserting under oath the RECORD ABSENCE of “public Cayo Costa easements”, Answer # 24
Corruption (09/30/2009 Petition), Florida Statewide Prosecution Office, Office of the Attorney General of Florida. NN. FALSIFIED “Plat” of “Cayo Costa Subdivision” as
falsified and filed by Defendant Racketeer K. M. Wilkinson as “Exhibit A”, Case No. 2:2007cv-00228 OO. Publicly recorded Case Fixing and Obstruction of Justice
by Defendant Judges Gerald B. Tjoflat, Susan Birch, and Joel F. Dubina, Chief Judge, U.S. Court of Appeals, 11th Circuit, Doc. # 365, Case No. 2:2007-cv-00228 PP. Fraudulent Order, Case No. 2:2007-cv-00228, Doc. # 422,
pp. 17-18, by Defendant Racketeer John E. Steele, evidencing extortion, obstruction of justice, obstruction of court access, and retaliation under fraudulent pretenses of, e.g., “writ of execution”, “lack of jurisdiction”, “ripeness requirements”, “frivolity”, “sanctions”, and under color of authority and office. QQ. John Manning RR. 2:2007-cv-00228, by Def. J. E. Steele SS. Martin, Including “JUL 19 2010” CASE FIXING FOR BRIBES and RACKETEERING TT. Record Evidence of Destruction of Plaintiffs’ Appeal FBI Complaint against Def. U.S. Circuit Judge Beverly B. Concealment of fake writ, Doc. # 434, Case No. FBI Complaint against Def. Lee County Commissioner
Records, ## “10-10963, 10-10967”
UU. FORENSIC EVIDENCE VV. cv-00228, by Def. John E. Steele WW. XX. RECORDS, EVIDENCE YY. Circuit Judge Beverly B. Martin ZZ. including binding precedent of
GOVERNMENTAL FORGERIES, “O.R. 569/875”,
Facially Fraudulent Order, Doc. # 338, Case 2:2007-
March 08, 2010 Letter by Def. John Ley, U.S. Circuit Clerk DESTRUCTION AND ALTERATION OF OFFICIAL
FRAUDULENT 04/06/2010 Order by Def. Crooked
Supreme Court Justice David Souter Communications,
WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY AAA. BBB. RECORD, $24.30 OTHER; OTHER PUBLIC RECORDS SATISFACTION OF ONLY MONEY JUDGMENT OF
White House steps up to the foreclosu…
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Foreclosure probe: Problems aren't 'systemic'
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WASHINGTON (CNNMoney.com) -- A federal probe investigating five large mortgage servicers has found some improper foreclosures, but officials have yet to find systemic, "structural" problems with processing, according to the U.S. Housing Secretary. Housing and Urban Development Secretary Shaun Donovan, in describing his agency's 5-month probe of Federal Housing Administration-insured loans, acknowledged Wednesday that officials have been aware of problems at some servicers for months. He said his agency will "take actions" against those firms and make sure that homeowners are made "whole" and protected. However, Donovan declined to give specifics on which servicers are doing a bad job. Since the mortgage meltdown, FHAinsured loans have made up roughly 30% of new home purchases and 20% of home refinancings.
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The Obama administration has been walking a fine line, as banks have voluntarily halted foreclosures in response to cases of improperly foreclosed homes. The White House has called for reviews, but stopped short of a call for a moratorium on foreclosures, even as some states and municipalities have effectively shut foreclosures down. Donovan said the lack of evidence of widespread structural problems reinforces the Obama administration's decision to oppose a nationwide moratorium on foreclosures. He said the consequences of such a moratorium would be dire since foreclosures make up as much as half of all purchases in some hard-struck states, including Florida and California. "This is getting the highest attention from the president and the White House," Donovan said. "But we do have concerns that . . .stopping the sale of foreclosed properties has the potential to impact local housing markets." Pressure has been mounting to figure out whether banks, processors and courts have improperly foreclosed on thousands of homeowners. All 50 states have announced investigations. Several banks had temporarily frozen their foreclosures while reviewing their handling of the process. Ally Financial, formerly known as GMAC, was the first to stop the clock, admitting that some of its foreclosure paperwork might not have been signed in the presence of a notary public and that the signer might not have fully reviewed the information in the documents. JPMorgan Chase (JPM, Fortune 500) and Bank of America (BAC,
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Fortune 500) both followed suit. Bank of America has since restarted its foreclosure process. The Wednesday briefing was the first time officials have given much detail about federal reviews of improperly foreclosed homes. The details were pretty vague, since Donovan said the investigations were ongoing. The FHA probe will be completed in nine weeks. Federal officials said some mortgage servicers didn't follow FHA rules at the start of a foreclosure. For example, servicers are supposed to contact borrowers who don't make mortgage payments and offer them a loan modification or payment plan to allow them to stay in their homes.
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Mortgage services found at fault could face fines or lose their ability to work with the Federal Housing Administration. In addition to the FHA probe, a federal multi-agency task force has turned its focus toward investigating whether crimes have occurred in mortgage foreclosures. They're looking to see whether companies or servicers showed a "criminal intent to take a home," and they're also looking into contracting fraud. Headed by the Department of Justice, the task force originally came together last November with a mission to investigate white collar financial crimes related to the 2008 financial crisis. The task force rejiggered its focus to mortgage and foreclosure fraud earlier this year, when it launched a series of mortgage fraud summits that took place in Arizona and California. The task force also includes officials from Treasury, Housing and Urban Development, and the Securities and Exchange Commission. The task force is also working with state attorneys general in their investigation of a practice dubbed "robo-signing," when bank employees sign foreclosure affidavits without reading the records. -- CNNMoney.com senior writer Tami Luhby contributed to this report
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U.S. eyes criminal violations in foreclosure crisis Bank of America resumes foreclosures in 23 states Foreclosures: Next shoe to drop for banks?
States press banks on foreclosures: up…
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Colin Barr has covered finance for Fortune.com since November 2007. Previously he was a writer and editor for TheStreet.com, winning a 2006 Society of American Business Editors and Writers award for "The Five Dumbest Things on Wall Street," and for Dow Jones Newswires. He is a 1991 graduate of Penn State and lives in Port Washington, N.Y., with his wife Meena Bose and their two kids. Email This Author Subscribe to Street Sweep: RSS feed
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States press banks on foreclosures: update
Posted by Colin Barr January 10, 2011 6:37 am
Good luck to you, sir
Can we shame the biggest banks into finding a conscience? It sounds like a long shot, but New York City Comptroller John Liu (right) is willing to give it a try. Liu leads a group of public pension fund managers in five states who released a letter Sunday demanding the banks investigate their mortgage and foreclosure practices. The letters went to Bank of America (BAC), JPMorgan Chase (JPM), Wells Fargo (WFC) and Citigroup (C). Liu's group includes state retirement funds in Connecticut, Illinois, North Carolina and Oregon and has $432 billion in assets. The campaign is nothing if not well timed. On Friday, bank stocks tumbled after a Massachusetts court ruled two 2007 foreclosures invalid on the grounds the banks couldn't prove they owned the mortgages. One justice blasted Wells and U.S. Bancorp (USB) for their "utter carelessness" in handling homeownership documents. "The banks' boards cannot continue to pretend the foreclosure mess is the result of technical glitches and paperwork errors," Liu said. That remains to be seen, alas. The banks didn't exactly beat a path to Liu's doorstep to ask how they might stay in the pension funds' good graces, in spite of the $5.7 billion the funds have invested in the banks. That sounds like a lot, but it's a rounding error next to the big four's combined market value of $625 billion. Citi and Wells Fargo both said they are reviewing the letter from the state pension funds. JPMorgan Chase declined to comment. Update 9 a.m.: Bank of America said: The letter from the pension funds brings up a concern that the bank is already addressing – the future prevention of compliance failures and restoration of confidence in the foreclosure processes. The points they make have been brought up time and time again, reviewed and fully considered. In fact, this week, the bank filed a brief in response to a New Jersey judge that essentially addresses the same concerns.
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This is no surprise, of course. For the past four months, reports of shoddy practices ranging from robosigning to parrot theft have made a mockery of the notion that the banks are interested in anything but the bottom line. Yet the the bankers have continued to sidestep the issue, and their greed and irresponsibility have yet to become anything approaching a bipartisan issue in Washington. The new chairman of the House Financial Services Committee, Rep. Spencer Bachus of Alabama, recently sized up the government's job as doing what it can to help the banks. Meanwhile, the White House appears intent on using taxpayer-backed Fannie Mae and Freddie Mac to soak up the risk that another housing downturn will hammer bank balance sheets. Favorable settlements will only strengthen bankers such as BofA chief Brian Moynihan, who last year likened the bank's relationship with mortgage investors to hand to hand combat. Fortifying the already entrenched bankers won't make fixing the troubled U.S. financial system any easier. The mortgage securities market could be vulnerable to rulings like the one in Massachusetts Friday, because investors may eventually decide the banks' promises simply aren't trustworthy. "This is a landmark case that goes to the heart of the securitization industry," said Susan Wachter, a real estate and finance professor at Penn's Wharton School in Philadelphia . "The real message is that this system is broken, and we are going to need to find a way to rebuild it." Liu, a Democrat, has tried to appeal to the bankers' better side before, to no avail. In November, he filed shareholder proposals at the four banks calling for a shareholder vote on an audit of mortgage practices. He said at a conference last fall that the banks must prove they are acting responsibly before the economy will recover. "Foreclosuregate probably isn't the end of the world, but it's pretty bad," he said in October. "If public confidence isn't there, the foundation of the whole financial system is shaken." But the message of the past year is that the bankers don't care what's shaking as long as their jobs are secure -- and there's not much the pension funds can do about that.
Tags: banks, foreclosures, liu, pension funds, shame, wells fargo
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Loan modifications are quickly turning into refinancing mortgages via the mentality of "qualifying" for modification. America, do not lose sight of the entire purpose of having a foreclosure defense case and loans modified thru arbitration with lawyers. In 2008 when the foreclosure avalanche was gaining momentum, homeowners where able to acquire a loan modification simply by proving they had a financial hardship. In addition, establishing repayment ability was cruicial to determine if the reduced terms were feasable to keep the loan in good standing with the investor. However we have somehow went from modifying mortgages due to financial hardship into homeowners having to jump thru refinance guideline hoops just to get the loan restructured. In the meantime, lenders are still bulldozing homeowners into the the mass grave of homelessness. We have had numerous amount of clients crying in our offices before our attorneys asking "Why does my bank do this to me? Why do they mislead me and waste my time?" The answer to that is simple. It's the same bank that made unwise lending decisions during the purchase and refinance boom, who is now making the decision on whether or not you are "worthy" enough to keep your house. I will not forget to mention that these same investors such as Fannie Mae (FNMA) and Freddie Mac (FHLMC) have their hands so far in the Federal TARP cookie jar and are making substantial withdraws from the purse at the same time they are refusing to modify mortgage loans and still push Americans out of their home. I more than encourage that people stop allowing the banks to play games with their family's futre and consult with a licensed barred attorney in the state of the subject property. If you or anyone you know are facing the trapdoor of foreclosure, please call us today for a FREE consultation at 1-877-777-4700. Good luck!
Posted By Secure Law Center. Jacksonville, FL: January 11, 2011 8:32 am
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1. Steve Jobs' reality distortion takes... More as usual, the know nothings and politicians are bashing the visible parts of the system when the actual problem is somewhere else. In the MA case, the judge ruled that the Trust company which managed the pool of mortgages was the one that had failed to secure the proper signatures on the paperwork. Wells Fargo was only the unfortunate last owner of the mortgage that wasn't properly sold from firm to firm. That's a problem in the "back shop" of the securities firms and their supporting outfits, not with the major banks and the mortgage servicing firms. Penalties for doing things wrong are all well and good. If you make them too punitive, what'll happen is things will be done right -- at YOUR expense. Who do you think owns the mortgages that people owe on? Most of them are NOT owned by the banks. 2. Don't blame Mideast turmoil for oil... More 3. Speculators double down on oil More 4. Tom Coburn: Government employees are... More 5. GM's painful addiction? New car discounts... More 6. How Scott Walker ignited a labor renaissance More 7. From Guns N' Roses bassist to money... More
States press banks on foreclosures: up…
8. IBM's Sam Palmisano: A super second... More 9. iPad 2: Will there be long lines? More 10. About that Steve Jobs misquote More
They're owned by the pension funds and life insurance companies of America -- that's YOUR future money. Or else they're owned or guaranteed by Fannie Mae, et al -- your tax dollars. There is no such thing as a free lunch. Forcing the banks to hold 5% interest in all the mortgages they originate will only encourage them to make fewer mortgages. Bankers well know that the life of a typical mortgage is seven years [longer in a recession] -- but they have NO deposits of that life at all, which leaves them exposed to huge risk [which risk their regulators dislike] and thus they should refuse to make fixed rate mortgage loans. Hurray! We're going to go back to the days of variable rate loans with five year maximum fixed periods. Maybe we even go back to depression lending standards -- 50% down and you pay the balance after five years. Yes, the banks have troubles. Most of their troubles can be traced to their Boards of Directors and the salesmen those boards choose to promote to CEO or President. Salesmen always think making a loan is a good idea and most of them have no experience of collecting on bad loans, even the bad loans they personally made. Maybe the Boards of Directors should be refusing to promote salespeople to boss. Maybe the regulators will either develop spines or figure out that real estate based lending of all stripes is risky and depends on the liquidation value of the property in the depths of the next recession [and in its worst condition]. But don't hold your breath. They've [both groups] have been consistently making bad decisions since about 1923. [The recession of 1919-1920 is the last time the Federal government said 'no' to the banks. Calvin Coolidge was President.]
Posted By Spock_rhp, Miami, FL: January 10, 2011 7:53 pm
Our banking system has been broken for quite some time with the banks acting recklessly with investors money. I was fortunate to have been able to resist pressure to borrow more than I could afford when I purchased my home, but was shocked byhow little I had to prove at the time. In the 90's I was between jobs and in a rough place economically, I was sent preapproved credit card applications. Each place, financial information was requested, I filled in the word "Confidential". At that point, I received 3 cards with a credit limit of almost $9000 between the 3. Since that time, I made a carree change and my finances imporve dramatically. I have had credit limits increased ro a point wehere I believe my limit is somewhere around astronomical and absurd which I never requested. Now the system is collapsing aroound the banks. Upper management wants to keep thir life style of outragous luxury and they are scrambling while taking shortcuts. The scandals raise fear that even paying your bills on time may not stop a bank from attempting to foreclose and forcing a person to spend large sums on lawyers just to defend. Stealing a pet as has happened, forcing people out of their homes, and damaging homes with out criminal penalties on those ordering it is totally outrageous. We must have a "time out" for forclosures and hold higher management responsible for criminal fraud. We also need severe penalties for any damage to a home or loss of beloved family pets or family heirlooms to cover the emotional losses. In addition, investors are losing badly due to what I see as fraud with the investments. We have laws that should be enforced with major jail time along with repayment for the Higer managements ordering thse things. The govenment convicted Masloff,. I see no difference between him and the CEO, CFO and others at Bank America, Citi or First Niagra. 'Go get 'em, Boys!!!"
Posted By Terry Greensburg PA: January 10, 2011 11:07 am
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