THE HANGING TOGETHER FOR JUSTICE FOUNDATION HOUSE BILL 213 REPORT TO THE FLORIDA HOUSE OF REPRESENTATIVES IN OPPOSITION

TO HOUSE BILL 213 This Bill is a Wolf in Sheep’s Clothing. It is the third attempt in three years by the Florida Bankers Association with the co-operation of too many Members of this House that they have tried to hijack the Florida Congress for their criminal purposes. Two years ago they tried to bulldoze through this House a Bill to turn Florida into a nonJudicial State. Floridians let their voices be heard and I was personally involved in working with Mortgage Justice in putting into the hands of every voting Member of both Houses a document, which set out in detail the proof of their criminal intent. In February 2011 working with Mortgage Justice each Member of this House and the Senate, our Governor, Lieutenant Governor, Attorney General and every Supreme Court Justice were the recipients of one hard copy and one email copy of an extensive document entitled “The Restoration of Justice in Florida.” That document declared war on the Bank Sponsored Corruption of Government, outlined The Urgent Need For Legislative, Executive and Judicial Actions to reverse the total breakdown of the integrity of all three branches of government which has become an epidemic, operating as it is in complete contempt of the Constitution of the United States and of the State of Florida and the laws derived therefrom. Not surprisingly, despite the detailed and accurately evidenced content of that 30 page report and its 6 page, easy to understand, synopsis, it has resulted in no perceivable action, except that the corruption has accelerated, so that we are now living in a State where corporate and governmental
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collaboration has risen to the level of corruption on steroids. The fact that all three branches of our government continue to ignore the letter and the spirit of the Constitutions and The Rule of Law is evident from any detailed look at the content of HB213, the methodology for drafting it, introducing it to this House by the Chair of the Civil Justice Sub-Committee, [who in common with 11 out of his 15 Members are Attorneys – who as members of the Florida Bar – occupy offices in another branch of government, in violation of the separation of powers contained in Article II Sections 3 & 5 of the Florida Constitution, one is the wife of a Polk County Circuit Court Judge eligible to try Foreclosure lawsuits, leaving only three apparent Members who are not either Bar Members or have a conflict of interest by marriage]. A detailed examination of the facts and laws would also expose the active role taken in amending HB13 during ‘in camera’ extensive workshops, by this outpost of the Florida Bar and the Supreme Court within the legislature in further violation of the Florida Constitution and the barefaced lies told by its sponsor Members of the House when presenting the Bill and answering questions raised by Committee Members. However, it appears that at least the Speaker of this House may have taken notice of our efforts and those of others who have petitioned or given testimony before the House in the past, or has possibly concluded through his own astute observations, that Florida’s Government may not be acting in the interests of its people. Dean Cannon, as Speaker of the House made this topic a major part of his introductory speech at the commencement of this Session. Every Member needs to pay close attention to his words, which deserve a wider audience and which are reproduced here for the convenience of those who may not have been listening, did not attend the opening session, or dismissed his words as political rhetoric.
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In particular please note the detail and clarity of his remarks when speaking of the importance of the separation of powers. Also please consider the relevance of his speech to HB213, where the Constitutions – especially the separation of powers - are being wantonly violated by this House - a prime example that his words fell on stony ground and the obviously deaf ears of the majority of his Members. “As of last year this House will conduct itself in a disciplined, respectful and transparent manner. We will abide by Rules and we will respect the Committee Process. I will do my best to communicate clearly and try to say what I mean and mean what I say. It has been and will continue to be my policy not to comment on your Member Bills. Committee Chairs and Sub-Committee Chairs will continue to have wide latitude in deciding whether to agenda Bills. The legislature is a collaborative process and no individual opinion body or mind should be dispositive on matters of public policy, but if you consider your own individual votes during this Session let me suggest that why you vote may be as important as how you vote. It is no great political insight to observe that in this election year a strong undercurrent of frustration pervades the American body politic. The pundits blame the politicians, the politicians blame the media, the left blames the right, the right blames the advocates the advocates blame the activists and in all of that chaos what gets lost is this – the fact that we spend so much time talking about who is to blame, the very thing that drives the public’s frustration. “There is a growing sense that our political discourse has become pretextual and a fear that the politics of personal interest have become more important than public policy and that our decision making is driven entirely by avarice and ambition, by ego and by emotion. Members, if we are honest with ourselves those fears are not irrational, nor are they entirely unfounded. After all, politics is nothing more than human behavior amplified. A defining trait of
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human history has always been a struggle to balance our noble and our selfish impulses. The danger comes whenever we allow that balance to be overwhelmed by a kind of political relativism that justifies our whims to the detriment of our obligations and no group of leaders ever understood this danger better than our Founding Fathers. The genius of the Founders did not lie in their grasp of political or institutional theory, but in their exquisite understanding of human nature. They had seen in the monarchies of Europe the dangers of merging political power and personal desires and so they crafted a written constitution based on the notions of limited government, fundamental individual rights and the separation of powers and understood in order to protect freedom and secure liberty the Rule of Law must always trump the laws of Rulers and constitution whether it’s the Federal constitution or our Florida Constitution is not a collection of abstract principles, being instead a very precise road map or compass to help those of us who are temporarily entrusted with political power to follow true north. So as we approach this Session it is my suggestion that we turn first to our Florida Constitution for guidance and direction.” After talking about the problems of balancing the budget and when speaking of the 10 year revision of political boundaries he again took up the importance of the separation of powers and the Constitutions when he said; “Because unfortunately, here, more than anywhere else the conflict exists between the politics, personal preference and the Rule of Law. But the Founding Fathers knew that the Rule of Law was necessary to ensure that the government did not simply become a vehicle for personal agendas. They also understood that adherence to that Rule of Law would take more than an honor system, so they introduced the doctrine of separation of powers and checks and balances. Sometimes the checks and balances require the legislature to act to curb the excesses of other branches of government. Other
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times, however, we are not the heroes of the story because it is the legislature that has failed to get it just right.” At the time of writing this Report this unconstitutional Bill has already been passed by the House’s Civil Justice Sub-Committee who we now know have been instrumental in drafting substantial amendments at three ‘in camera’ workshops after they approved its content, meaning that those Meetings took place “in private”, two before and one after the Meeting of the Economic Affairs Committee on February 8, 2012. Such is the haste to railroad this unconstitutional Bill into law by these non-Members of this House that it has been substantially altered between the times when the Civil Justice sub-Committee approved it and its presentation to the Economic Affairs Committee and again by this same tool of the Florida Bar and of the Judicial Branch of Government after the Economic Affairs Committee had approved it. Neither Committee was told the truth by either of the Bill’s sponsors, neither of whom declared any conflict of interest or even any personal or business interest in the Bill they have sponsored. These deceptions were exacerbated and further distorted by the representative of the Florida Banker’s Association, who presented it to the Civil Justice Sub-Committee. It is apparent from the voting patterns in both Committee meetings that the Republican Party has so far not produced one dissenting vote. At the Economic Affairs Committee all four dissenters were Democrats, but of the four Attorney/Members of the Civil Justice Committee who were also Members of the Florida Bar only one voted against, that was Representative Soto, who openly boasted to a group of protestors in Tallahassee a year ago [at which the writer of this report was present] that he was on “our side” because in his Attorney practice in Orlando he was ‘defending’ over 500 foreclosure clients. This seems to indicate that the loyalty
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to the Florida Bar is greater than the loyalty to either the Republican Party, the Democratic Party or to the voters who voted all of the Attorneys of either party into office, unless the act of voting against this Bill in that sub-Committee would send a signal to your client base that might affect your personal income. In the recent words of Speaker Dean Cannon, “why you vote may be as important as how you vote!” No blue blooded American who believes in the Constitution of the United States, the Bill of Rights and in affording our citizens the right to liberty and the pursuit of happiness and less government, could possibly vote for this corrupted garbage masquerading as a law for the common good. This especially applies to the Republicans who so strongly advocate less government when they are protecting the interests of the corporations but who have voted unanimously to support HB13 in the two Committees that have so far considered it. Before there can be any hope of getting the corruption out of our State Government the lies must first be exposed, not to join the blamers referred to by Speaker Dean Cannon but to create the urgency for Congress to act decisively to pass laws to enforce those existing laws by controlling the excesses of our Judiciary and Executive Branches and for this House to cease being an instrument to make it easier for those branches of government to abuse those laws. Good intentions are not enough in a crisis. As I have previously stated in so many words, the ‘foreclosure crisis’ would quickly evaporate if this State in all its branches ceased to justify their unconstitutional behavior, adhered to our governing laws, and started on a new path to enhance and improve the Rule of Law and put into reverse its long established tradition of legislating to create more Laws of [and for] Rulers. There is no Foreclosure Crisis. What the State of Florida is experiencing is a breakdown of
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the integrity of its system of government, which increasingly acts as the protector of Corporate Interests without regard to the citizens that our Democratic Republic’s laws were designed to protect. This breakdown has reached epidemic levels in both Federal and State governments, extends through all three branches of government to the extent that it now operates in contempt of the Constitution of the United States and of the Constitution of the State of Florida. The shallowness of the justifications to continue to favor the corporate conglomerates who dominate and direct our lives, is that it is those very corporations who provide us with our jobs and our security, was exposed when the mass export of American Jobs and technological knowhow took place causing hundreds of thousands of job losses. With those job losses went the healthcare of the families, their pension and other benefits. Without flying in the face of this House’s guidelines on how to submit evidence and observations politely and in brief it is impossible to effectively address problems of such magnitude within those constraints. This especially applies now that our Federal and State government institutions constantly work with those international conglomerates with the sole aim of protecting their positions, which also fund their political campaigns, fund their favorite charities and more, as was perfected by Fannie Mae and Freddie Mac with the deliberate intention of allowing those private Corporations to retain government funding to support their own huge personal benefits. This un-American alliance of government and corporations violates the civil and criminal laws of the State of Florida and of the United States of America and exists for no other purpose than to control the people for the profit of both partners in crime. What is crystal clear is that none of this corrupt behavior is of any benefit to the residents of the State of Florida and it surely does not conform to the governing laws of this
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State. To completely understand the evil intent of HB213 we must start with the lies and lack of disclosure amounting to massive deception of investors in securities by Banksters and Wall Street collaborators that occurred when they were sold ‘high yielding and safe Mortgage Backed Security Bonds.’ On those assurances Billion Dollar plus Prospectuses were sold by Wall Street Security Brokers as Derivatives. Those income streams were based upon false assurances by the Rating Agencies that they had examined each portfolio of the hundreds or thousands of individual mortgages contained in each ‘mortgage pool’ and found the pool qualified for AAA Ratings. As such these ratings put them on a par with US Treasury Bonds. This House needs to know, if it does not already know, that none of those portfolios were ever examined as stated, for the simple reason that at the time they issued their ratings the mortgage pools did not exist. A simple examination of the Official Records of the SEC reveals the truth that all of the mortgages said to be owned by the Securitized Trusts did not exist at the time those ratings were issued by the Agencies and the investors purchase money was all that was needed to provide the Banksters with the ‘seed capital’ they needed to lend 10 times more of what was essentially fiat money produced by the Federal Reserve to finance mortgages set up to fail, pretend to transfer them to Real Estate Mortgage Investment Conduits and create the illusion that they had complied with the provisions of Internal Revenue Code 860 to scoop the pool. Each purported ‘mortgage pool’ was given respectability by two separate Rating Agencies who falsely gave their AAA ratings for which the Banksters who set up each pool paid an average fee of $250,000 to each Agency from the ‘seed’ Capital to each of those Agencies. This is how the Banksters fraudulently extorted the money from pension, mutual and hedge funds, from Municipal Funds all over the world and from private investors and foreign governments to obtain their ‘seed
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Capital’ to kick off their unprecedented and mammoth Ponzi scheme. As these Derivatives were sold by the various Wall Street Brokers the resulting funds were paid into Bank accounts operated by one of the Banksters who set up each fraudulent pool. The said Bank had to be a Federal Savings Bank in order to have access to the “Federal Window” which permitted them to borrow a multiple of 9 times that amount of fiat money printed on demand by the Federal Reserve. As few of these schemes generated less than $1Billion the Bankster who would subsequently emerge in the records of the SEC as Master Servicer or Trustee of the Pool was able to fund at least $10Billion of ‘working capital.’ To add insult to injury, upon turning this fiat money into Promissory Notes secured by Mortgages, [Deeds of Trust in nonjudicial states] the same Promissory Notes were either used to generate more fiat money printed by the Federal Reserve or to replace the funds raised on the bank deposits used as seed Capital. The Federal Reserve did not hold the banks responsible for the repayment of those funds, but in fact used the credit of the borrower as security for lending the Bankster the fiat money at a much lower rate of interest than the Bankster then charged the ‘borrower’ – a kind of Banks win, you lose type of arrangement. The Bank who raised the seed Capital would either act as a Wholesale Warehouse, underwriting the loans made by smaller banks or by mortgage Companies who would pretend to be ‘lenders’ and put their names on the Notes and Mortgages issued to borrowers and in either event would receive a handsome commission [known as a yield spread premium] for pretending to be the ‘Lender.’ This process of top down funding of mortgages [as opposed to a genuine Lender], lending funds to obtain notes and mortgages is known as ‘Table Funding’ to differentiate between that modus operandi and the traditional method of creating the mortgage first and subsequently selling it on to the Secondary Mortgage Market. Fully disclosed to
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all parties there is nothing unlawful about such a method of funding, but undisclosed Table Funded loans are fraud upon the borrower. Further, all these Table Funded loans were misrepresented to the borrower and the IRS as tradition loans made by a lender who subsequently sold those loans into the Secondary Mortgage Market, in violation of State and Federal Truth-in-Lending Laws. This was not only unlawful fraud upon the borrower, but was part of a deliberate scheme to defraud both State Tax Collectors and the IRS out of tax revenue. In addition to inventing pretend lenders the Banksters next trick was to create the illusion of selling their ‘loans’ [which they did not own and therefore could not sell what they did not own] into Real Estate Mortgage Investment Conduit Trusts [REMICS] as defined in the Internal Revenue Code IRC 860. REMICS enabled the Banks to pass through to these pretend ‘Trusts’ all future income paid out to the certificate holders of the Derivatives who funded the top down process known as Table Funding. The illusion was created for the express purpose of securing this massive tax break for the Banksters in the full knowledge that this was an illusion to hide the Table Funded nature of all of those loans, in order to deduct their expenses as a business deduction but pass the tax liability on all funds paid to the investors onto the investors. The next step in this intricate fraud was to achieve three principal objectives for the Banksters. The first was to retain control over the Notes and Mortgages that the SEC’s records demonstrated had been ‘sold’ into their pretend REMIC Trusts, then to ensure that the Banksters named in those documents received a huge ongoing income for acting as Master Servicers, Servicers, Trustees or Custodians and thirdly to profit hugely by ‘selling’ loans they did not own and knew were guaranteed to default. Once the loan pools were ‘sold’ and transferred to the Bankster FSB acting as Trustee [but never to the Trust for the simple reason that there was no
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Trust actually established, often disguised as a Delaware Statutory Trust – more words designed to create the confusion that what was created was a Trust and that it was a Statutory requirement in order to set it up in Delaware. Just as the Federal Reserve is no more Federal than Federal Express and has no reserves, a Delaware Statutory Trust is neither Trust nor Statutory. It is in fact a Limited Liability Company and like all such LLC’s is owned by its members, but these LLC’s do not have an annual reporting requirement and keep the designation in that Banksters onshore/offshore tax haven, as ‘active’ unless and until the ‘Members’ petition for it to be made inactive. For most people the idea of Banks setting up loans designed to fail is a difficult concept to grasp, or even believe, since it flies in the face of business being conducted to generate profit for that business. It is even more difficult to believe because the Banksters ridiculed such statements by suggesting that no bank would set up a loan to fail as they depend upon those loans being honored to generate their profits. However, the fact that they were deliberately set up to fail becomes rapidly clear once the true nature of how the Bankster who fraudulently obtained the seed capital ‘sold’ the loans at a profit to the ‘Trustee’ and then used default insurance to further profit from their crime. To cause further confusion they invented a new term to disguise the true nature of these insurances shown in the SEC documentation as Credit Default Swaps. Having previously circumvented the State insurance laws to create Credit Default Swaps disguised as Derivatives they sold these Default insurances as Derivatives. All the Banksters had to do was to produce the falsified ratings to show that the insurances would seldom be called upon, all the time knowing that huge quantities of these ‘high quality loans’ were subprime in nature and thousands of others were already identified as scratch and dent loans, with huge quantities of all types of these loans subjected to teaser rates on
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Adjustable Rate Notes. It was common practice to sell up to 30 or more credit default swaps contracts on the same loans so that when the borrowers defaulted the Banksters would receive multiple payments in addition to the money received as payment in full when they ‘sold’ the portfolio to the Trustee funded by the Investors. This was a major contributing factor in the “too big to fail” Federal government TARP and subsequent bailout funds and explains why AIG was a major beneficiary of those funds mostly through Goldman Sachs who received the Tarp funds. By holding on to the Notes and Mortgages they falsely claimed to have sold to REMICS all they needed to do to get the final payoff was to foreclose on those documents – to steal the real property from the hapless borrowers, most of whom did not have any inkling of the events described herein. To ensure the success of the last stage of their Ponzi scheme they started the government smear campaign to create the false image of the irresponsible borrower. What a racket. This is massive racketeering by Banksters with the full cooperation and active participation of our government institutions – the complete opposite of what the Founding Fathers envisioned would be prevented by the Constitution of the United States of America they had worked so diligently to craft, dependant for its success, as it was on the rigid separation of powers provisions of the US Constitution. Nowhere is this collaboration by our State Government more apparent than in our Circuit Courts, where Judges behave more like attorneys for the fraudulent Plaintiffs and openly do everything in their power to issue Final Judgments in Foreclosure when adjudicating over Courts of Equity in the knowledge that at least 90% of all foreclosure filings they have processed did not have Standing to Foreclose, ab initio based on the Complaints and the attachments thereto as is supported by generations of Case Law.
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These Judges are regularly confronted by Motions from Defendants backed up by evidence that proves beyond any doubt that the Plaintiff has filed sham pleadings in their Court and that the Court has no Jurisdiction and still they continue to ignore the facts and the law in their open pursuit of their quest to ‘punish’ the defaulted borrowers irrespective of the frivolous nature of the lawsuits they are defending. The author of this report and many of the members of this Foundation have personally witnessed and obtained Official Transcripts of Proceedings where Judges tell Defendants in cases where the Complaint has failed to show a cause of action and is a Sham or Frivolous Pleading; “You borrowed the money didn’t you?” Thousands of Americans and Floridians were blissfully unaware of the existence of the carefully orchestrated banksters fraudulent actions, including the author of this Report. They were spurred on to borrow more against their assets by bank sponsored rhetoric about the retiring baby boomers flocking into Florida, which would create massive economic growth for this State and invested their energy and capital into buying a home, a larger home and renting the old one, or buying a second home, or building a significant real property business, before they suddenly and without warning found themselves almost impoverished overnight by these frauds when the bubble burst, right on time as designed by the Banksters. In order to facilitate these abuses of Due Process Rights of the citizens of Florida this House provided the funds for the Judiciary Branch of Government, which funded the Rocket Dockets. These funds were provided by this Legislature in the knowledge that it would spend more than its income during the last fiscal year and it is currently in receipt of a further cry for assistance in this fiscal year for the same purpose. As a first step towards ending this tyranny, this House must not acquiesce to their
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outrageous request. We now need to examine how the present laws are interpreted, administrated and adjudicated in our Circuit Courts, why there can be no argument that with the full cooperation and funding assistance of the Florida Legislature, the forced evictions carried out by the Executive Branch and the refusal of our Governor and his Attorney General to investigate and prosecute the offenders, that the due process rights supposedly guaranteed under the constitutions and the Bill of Rights are routinely trampled upon from the benches of our Circuit Courts as part of a carefully constructed plan to unlawfully deprive our citizens of their real property. Integrated with that examination we need to examine the structure of this House and how the Florida Bar has unlawfully infiltrated this House with 25% of its total membership being attorneys who are currently officers of the Judicial Branch of Government while occupying office in this Chamber within the Legislative Branch of Government in violation of Article II, Sections 3 & 5 of the Florida Constitution. Further the Civil Justice Sub-Committee, whose Chair put this Bill on this House’s Agenda is composed of 11 Attorneys, one female member whose husband is a Polk County Circuit Court Judge leaving only 3 Members with no obvious conflict of interest. This is a further massive violation of the Florida Constitution, which cannot be tolerated and must cease forthwith. The citizens of this State need to be made aware of how these violations of our laws within our own Legislature has enabled the tabling and voting into law of so many unfavorable, even unconstitutional laws and now threatens to do it again with HB13 which as stated in the introduction to this Report is a Wolf in Sheep’s Clothing. This Bill was attorneys who are membership of the Sections 3 & 5 of designed by Bankers, tabled by officers of the Court and whose House violates Article II, the Florida Constitution and
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whose conflicts of interest cannot be disputed, was further amended by these Attorneys during three incamera workshops in contravention of open government laws and if adopted will be unconstitutional. If this piece of legislative garbage, is given the appearance of an enforceable law, it will be willingly and enthusiastically embraced by our corrupted court system and enforced by our equally corrupted Executive branch and will be the end of what is left of the due process rights of the Citizens and residents of the great State of Florida and the Banksters will succeed in their objective of irreparably destroying the freedoms that our Founding Fathers worked so hard and long to achieve. The maxim that all power corrupts, but absolute power corrupts absolutely must have been uppermost in the minds of the crafters of that brilliant instrument of government – The Constitution of the United States of America. They were also totally cognizant of the dangers to our country and its citizens threatened by the existence of Banks. The prophetic words of Thomas Jefferson were spot on point when he said; ”I believe that banking institutions are more dangerous to our liberties than standing armies.” Never has that statement held more relevance than now. Those members of this House who have studied Political Science and the history of the United States, with its foundation built upon the laws of England that existed in the 18th Century that were introduced into the “Colonies” by the British, will understand the form of and the reasons for adopting the carefully designed and difficult to alter Rigid Constitution that was embraced by our Founding Fathers. They will also be familiar with the parallel dangers to everything the Founders stood for of both Fascism and Communism neither of which could ever develop in America if the political structures and the rigid separation of powers between the
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three branches of government were embraced by its citizens, its lawmakers - who could only be voted into office by the people, its Judiciary- entrusted to be adjudicators and interpreters of those laws and its Executive Branch as Implementers/Enforcers of those laws. That is why they made the separation of powers the centerpiece of their grand design. The Founders had first hand knowledge of how elitism was central to the power structure that gave the Monarchies of Europe their absolute and total corrupted power to suppress their people for their personal gain. If our elected members, Executive Branch personnel, Judges and other Court Officers do not act fully in accord with our Constitutions they are in violation of the law even though they are the instruments of the creation, interpretation and enforcement of those laws. They therefore need to be made publicly aware that we, the people are aware of those facts that even those of us who may be unaware of our rights or how to go about defending those rights are not stupid and we all have the power to exercise our votes. Our only hope for the future is to force this bunch of polite but dangerous people to listen to the weight of public opinion and to set aside sufficient time for their accusers to ensure that their rights to participate in government are not trampled upon by the limiting of time, restriction of methods of verbal or written delivery, or by categorizing those presentations as impolite, aggressive or the irresponsible ravings of low life rabble rousing conspiracy theorists. Exactly the same criteria apply to our Courts of Law. The author of this letter has spent countless hours observing the behavior of Judges and attorneys unlawfully purporting to act for various Banking interests in foreclosure cases and has investigated thousands of cases of fraudulent actions by those Banks and their lawyers. Representative Passidomo openly and deliberately lied in front of both House Committees when she presented this outrageous Bill.
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One example of her lies was her affirmation that the due process rights of Defendants in foreclosure cases would not be adversely affected by HB213. Representative Steube added to those lies when under pressure after several attempts to avoid questions put by Representative Waldman, he finally stated that the Bill would not have retrospective effect. Its retrospective nature is inherent in its drafting, is totally unconstitutional and damaging to all those people who have fought this tyranny for years in an unsympathetic court before Judges who regard the participants in every foreclosure case as Plaintiff and Borrower. It is regrettably a fact that Defendants in foreclosure cases are not afforded any due process rights in our Circuit Courts irrespective of whether or not this monstrously deceptive Bill becomes law, but if it is unconstitutionally forced into law by Florida’s Congress it will not even be possible to appeal unlawful foreclosures to the Courts of Appeal other than by seeking a Ruling that the resulting Statute is unconstitutional and therefore unenforceable. Prior to the Economic Advisory Committee’s meeting on February 8, 2012 the Hanging Together for Justice Foundation supplied to each Representative on that Committee a large amount of material. We know that at least one recipient of that documentation read every word of it and had also read every word of the Bill. It is evident from the voting pattern that its entire content was ignored by most other Representatives – no doubt because it was not brief and parts of it could have categorized as impolite. Those documents were a) A Presentation of what has been dubbed by the Bill’s critics as, “The Florida Unfair Fraudclosure Act. b) An article from the NY Times which publicized the Criminal Indictment of Lender Processing Services Inc’s (LPS) subsidiary, DocX and its President on
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136 counts of Class 2 & 3 Felonies. c) The first stage of an in depth review of the foreclosure actions filed in one Circuit Court of the first 20 cases filed on February 1, 2010. [That review has now been completed and is now made a part of this Report]. The facts contained in those documents were more than sufficient to have caused every member of the Economic Affairs Committee to vote this wolf in sheep’s clothing Bill down had those members taken the time to read it, had not been corrupted as accused and had taken the trouble to investigate the truth contained therein. Only one Member, a Democrat bothered to respond to those emails and said in his response to me “I have read every line of the Bill and all of the various emails you sent to me and I agree with every word you have said – this Bill is bad for Floridians. That email response was received by the Foundation before the document listed in c) above was sent to any of the Representatives. Since sending those documents to the members of the Economic Affairs Committee we have become aware of another massive civil lawsuit against LPS by the AG in Arizona. Every voting member of the Florida Congress needs to know the truth about the mortgage meltdown. In the interest of brevity the key points were set out in the document referenced in a) above on page 3, paragraph 9 thereof. The members and the Judiciary must stop acting as though the Banks are the victims of this outrage. The Banks created it. The proof is all around us in public documents, lodged in County Records, in the Official Records of the Securities and Exchange Commission [SEC] and if the Courts would stop granting protective orders and taking other actions to prevent Defendants from their right to inspect relevant legal discovery, the Bank’s own records would reinforce the evidence contained within those public records. Even without access to the Banksters’ records and accounts, the extent of
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their massive Ponzi scheme and how they have extorted trillions of Dollars from bailout money in order to fund other economy depressing ventures, on the pretext that they would fail without that Federal Government Support is well documented in Official Records. The 136 count criminal indictment referenced in paragraph b) above was instigated by the Missouri AG on determination of the facts by the Grand Jury. The accused are, of course, not guilty until proven to be so, but there can be no doubt about the facts as accused. Junior lowly paid employees at LPS/DocX have signed hundreds of thousands of forged documents, have placed signature stamps where the signature is part of the stamp on hundreds of thousands more of those documents across this Nation, most of which were manufactured and signed by professional forgers months, even years after filing the original complaint in violation of law. LPS is not alone as master forgers for the Banksters, there are others, one of which is located in Idaho Falls, Idaho who openly advertise the availability of foreclosure ready executed documents on their Internet Site. None of the forgeries and fraudulent documents signed by employees of banks masquerading as VPs or Assistant Secretaries of Mortgage Electronic Registration Services (MERS) are included in the Missouri indictment and neither are the hundreds of thousands of documents forged by Attorneys employed by the law firms who in breach of law represent themselves as counsel for those Plaintiffs. However, MERS a huge straw man entity is under fire from a lawsuit instigated by the Nevada AG alleging the defrauding the State of Nevada of millions of Dollars of Revenue. This massive and unprecedented fraud and forgery is now popularly known as ‘robo-signing.’ The description is totally inadequate to describe what it really is – criminal deception, forgery and fraud including fraud upon the Courts.
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Since sending our initial report to the Members of the Economic affairs Committee the media has reported an out of court settlement with a number of major banks and MERS of 25 Billion Dollars. The lawsuit was brought by a number of AG’s including the State of New York. What should have been a criminal indictment was a civil lawsuit and in line with all previous settlements arising out of the Banksters’ frauds it was converted into a no fault settlement supported by a gag order with the proceeds being paid to the state governments. To add insult to injury some of the proceeds were to be allocated for the benefit of ‘responsible’ homeowners to “reduce their payments to their lender’ when we know that there is no such entity entitled to file suit. We can but hope that the Missouri AG intends to prosecute with the full force of law to obtain the maximum permitted prison sentences to any of the defendants in that criminal action if found guilty of the crimes for which they are accused and that his brave action will force other States, including the State of Florida to take action against these criminals. It seems irrational to us that a man who steals food, or money to support his family, if caught, will be arrested, prosecuted and confined to prison and forced to work for privately owned prisons for the profit of their shareholders, but that a Bankster who commits massive white-collar crimes is hardly ever made the subject of a criminal investigation, even less likely is that a prosecution resulting in a conviction will take place. House Bill 213 seeks to sweep all of these crimes further under the carpet by its retrospective creation of their new foreclose criteria, which Representative Passidomo defends as not being a Bill to turn Florida into a NonJudicial State and is merely a way of speeding up the foreclosure process without damaging the homeowner’s rights of due process – a statement that as an Attorney who advertizes her specialization on her firm’s website as Banking law – she knows to be a total and indefensible lie. The truth is that the Banks have recognized the
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tide is turning against them. They also know that their white-collar crimes of unprecedented enormity are being revealed to a wider electorate and they know that some of them are going to prison for their crimes, unless they can get retrospective legislation into the Statutes that prevents them from being exposed. As late as the afternoon of February 8, the same day as the Economic Committee’s adoption of HB213 was favorably received with only 4 votes against – all by Democrats - a newspaper reporter from the Naples Daily News attempted to interview Representative Passidomo, who reportedly said that she could not speak at that time because she was just going into a Committee Meeting to discuss further amendments to the Bill – it is not a giant speculation that this was the third in-camera ‘workshop’ to which I have previously referred. Those amendments, now publicized on the Internet were obviously hastily drafted to counter the effects of a decision in a District Court of Appeal on January 25, 2012, which defined a number of grounds for setting aside Judgments and returning stolen real property to its rightful owners. The new amendment, in a further deliberate attempt to shield the Banksters and the Court’s unlawful seizure of property from the potential consequences of their actions now seeks to restrict persons who have lost their property in a foreclosure sale to being awarded damages and will preclude the victim from the right to regain title to the property unlawfully taken from them by a void Court Judgment. This is yet another attempt to cover-up the massive collaboration with their Bankster friends by the State of Florida, abuses the Rule of Law and further destroys the due process rights of the residents of this State.
However repugnant these proposed sweeping changes to Florida's statutes relating to foreclosures are - as complete rewritings of foreclosure statutes and proceedings for the benefit of plaintiffs and their attorneys and at the expense of and to the detriment of homeowners and mortgagors, they are indeed very repugnant - it must be understood and acknowledged that these proposed rewritten statutes are inapplicable to all
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existing Florida mortgages and notes that have "governing law" or "applicable law" provisions that omit language such as "as amended from time to time" or any other similar language that would subject the fixed obligations under mortgages and notes to the application of future or revised statutes after the dates of execution.

Mortgages and notes are undeniably contracts between parties "spelling out mutual rights and obligations of the parties thereto." These contracts have effective dates that are clearly and readily determinable and "such date controls for purposes of fixing the parties' rights and obligation." It is also undeniable that any retroactive application of the proposed changes to the the statutory and procedural rules regulating foreclosures, etc., would certainly advantage mortgagees and their agents while diminishing the rights of thousands of Florida mortgagors and note makers, all in contravention of the existing relevant contractual agreements and the applicable governing laws at the time that those contracts were executed. As such, for all such existing mortgages and notes, any such "retroactivity" of the proposed statutory changes relating to collection or foreclosure on all of those existing contracts represents a massive government interference in private contracts and constitutes a wholly unconstitutional impairment of same. In an informative and unanimous opinion that analyzed this very issue, last year in Cohn v The Grand Condominium Association (SC10-430, decided March 31, 2011), the Supreme Court of Florida ruled that: Article I, section 10 of the Florida Constitution prohibits the enactment of any "law impairing the obligation of contracts." Accordingly, because section 718.404(2) impairs the obligation of contract as applied to The Grand, we affirm the holding of the Third District below. See Pomponio v. Claridge of Pompano Condo., Inc., 378 So. 2d 774, 776 (Fla. 1979) (discussing "the principle that all laws impairing the obligations of contract are constitutionally prohibited"); Dewberry v. Auto-Owners Ins. Co., 363 So. 2d 1077, 1080 (Fla.
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1978) ("It is axiomatic that subsequent legislation which diminishes the value of a contract is repugnant to our Constitution.") As clearly implied by the Supreme Court in Cohn, unless existing contracts such as Florida mortgages and notes contain provisions for the applicability of future changes in governing or applicable laws and procedures, these proposed statutory and procedural revisions can only be applicable to those mortgages and notes entered into with "eyes wide open" and after the effective date of such changes. Otherwise, any retroactive application of the proposed legislation would be diminishing the value to mortgagors of thousands and thousands of mortgages and notes and would certainly be repugnant to the Florida Constitution.

As the attorney Members of the Civil Justice Committee who are collaborating with the Banksters and the Judicial Branch of Government are fully aware these unlawful judgments that result in the seizure of real property are justified as ‘equity’ claims, allowing the Courts to use the most abusive ‘Laws of England’ introduced to the “Colonies” that allowed them to protect real property stolen by the Monarch and his noblemen [henchmen] from repatriation to their rightful owners. These are ‘in rem’, lawsuits and not ‘in personum’ lawsuits. These two Latin terms distinguish between whether or not the Court is acting as a Court of Chancery and restricted to issuing Judgments in respect of real or other property and as such able to use the abusive to Defendants Rules of Law, or if the Court is able to deal with all matters of civil dispute involving the parties to the dispute. The Rules of ‘Equity’ require all parties to come to the Court with ‘clean hands’ at test that obviously the Banksters fail to pass on almost every foreclosure case they file in our Courts. It
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also requires equality of treatment in determining whether of not the Court can seize the property to which their deliberations are restricted. It is therefore totally inequitable, a violation of due process rights of home owners if the Court makes a determination under the Laws of Equity, but also impose Deficiency Judgments which can only be imposed at the culmination of an, in personum, lawsuit. It is just as inequitable as using the laws of equity to seize a homeowner’s property, but upon reversal of their decision by a higher court the victims cannot get their unlawfully seized property returned to them and will only be entitled to money damages – which is beyond the scope of a Court in Chancery. Further to obtain monetary relief for the theft of their property they would need to commence litigation and win that case before any entitlement to monetary damages could be obtained. Also it is clear that if the law remains as it is that after the return of the property to its rightful owner that they would be entitled to sue for damages in addition after a trial by Jury to obtain relief for the costs and stresses they incurred in suffering the traumatic process of being unlawfully evicted from their property. Please consider that if the property were a motor vehicle that had been stolen, but traced to a new owner who had purchased it in the genuine belief that it was purchase from a genuine ownerseller. Upon finding the vehicle in the hands of the ‘new owner’ irrespective of whether or not that person had been complicit in the theft of the vehicle the Sheriff would not allow the new ‘owner’ to retain the car and leave it to the original owner to sue for damages. On the contrary the stolen property would be returned to its rightful owner. Why should a stolen home be treated any differently? Fraud is cerebral theft. It is not made respectable because the thief was a Bank and the fence was a Circuit Court Judge. Theft is theft and anyone who knowingly buys a foreclosure
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property has a claim against the title Insurance and as any person educated in the purchase and sale of Real Estate knows the bulk of the premiums paid to Insurance Companies is retained as commission by the attorney or title agent who arranges the title insurance. For this large compensation the attorney or title agent agrees to conduct all the work they undertake for the Banksters for free – but undisclosed to the Borrowers – a clear and major conflict of interest. Two District Court of Appeal decisions in the last 10 days have drawn lines in the sand regarding the continued violations of due process rights by our Circuit Courts in foreclosure actions. Based upon those two decisions alone thousands of fraudulent foreclosures can be reversed. The fact patterns in these two cases mirror the fact patterns of almost every foreclosure case that has been fraudulently foreclosed, opens the door to the return of millions, if not Billions of Dollars of stolen real property, stops thousands of frivolous law suits from Summary or Trial Judgments in current Dockets of those Courts and exposes the Banksters to the real potential of defending Federal RICO law actions. It is therefore not surprising that the Banksters want to lessen the chances of success by a Defendant in these cases and why they have included in their Bill what they euphemistically describe as the extension of the Show Cause Statute, which in truth is a further major violation of due process rights by transferring from the Plaintiff the responsibility to prove its case to the Defendant to prove that they do not have one. We do not need a new law to make it easier for the Banks to continue to obtain their criminal spoils. We need to educate our people to know that despite all the adverse publicity and anti citizen attitude of government institutions that they do not owe any money to the Banksters who are foreclosing on mortgage loans. The Borrowers did not cause the problem. On the contrary they are the victims of deliberate
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fraud for the benefit of the most wealthy and dangerous people on Planet earth, a fact that seems to be well understood by such activist groups as Move-on and Occupy Wall Street Yet our legislature carefully directed by its Florida Bar members on the Civil Justice Sub Committee whose Attorney Chair had free reign to decide which Bills to agenda, apparently does not get it. If you believe that then heaven help you – you will believe anything! As long as the informed opposition is restricted to brevity this State will not recover from this white-collar crime for a very long time. Now, more than ever the people of the great State of Florida need its legislators to make it known that the honeymoon is over, the game is up and to throw this Bill out for what it clearly is. Representatives are asked to re-familiarize themselves with Article II, Sections 3 & 5 of the Florida Constitution. Only the relevant parts are referenced by us but the full content of that governing law should be thoroughly understood by all the Members of this House. SECTION 3. Branches of government — The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein. SECTION 5. Public officers.— (a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein. (b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
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“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; The wording is very clear and totally supports what has been said in this and previous reports circulated to every Member of the legislature, our Governor, the Lieutenant Governor, the Attorney General and every Justice who sits on the Florida Supreme Court. There can be no excuse for any of the branches of government to plead ignorance of this part of the Florida Constitution. Those governing laws have been in permanent breach for many decades in all three branches of this State’s Government. Further every time a Member of this House swears a loyalty oath the duly sworn statement “that I am duly qualified to hold office under the Constitution of the state” is a lie, unless all other offices they occupy have been terminated prior to the administration of that oath. This House also needs to turn its attention to the root of the corruption within its Membership – those attorneys who remain members of the Florida Bar, continue to be Officers of the Court and especially those who are active members in offices of profit in that capacity. The problem lies in the Florida Bar’s massive deception that self regulation by their own peers is the way to guarantee an independent and strong legal profession. To understand the authority given to this misrepresentation by the vested interest of our elite ‘Esquires’ please turn to the Rules Regulating the Florida Bar. The preamble to Chapter 4 of the Rules Regulating the Florida Bar states; “A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.” It further states; “Lawyers are officers of the court and they are
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responsible to the judiciary for the propriety of their professional activities. Within that context, the legal profession has been granted powers of self-government. Self-regulation helps maintain the legal profession's independence from undue government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on the executive and legislative branches of government for the right to practice. Supervision by an independent judiciary, and conformity with the rules the judiciary adopts for the profession, assures both independence and responsibility.” They cannot be serious! Their justification for the creation of their self regulation, protection from independent investigation and prosecution of a legal elite of over 90,000 attorneys is the very opposite of the truth and leads to a corrupt and arrogant group of people who are beyond investigation and punishment for their wrongdoings including their criminal actions when practicing as Attorneys as was demonstrated when the previous Florida AG attempted to investigate the infamous foreclosure mill attorney, David J. Stern. It is also relevant that while the Florida Bar with the apparent backing of the Judicial Branch of Government wants to place its attorney members outside the control of the Executive or Legislative Branches of government they do not find a problem with unlawfully acting as officers in the House or Senate, or even dominating them to their advantage and the disadvantage of the Residents of this State, as is the case with the Civil Justice SubCommittee. The transparency that Dean Cannon referred to in his speech appears to have been overlooked when that sub-Committee took over as principal architects of the design of HB213 and but for the statement made by Representative Passidomo before the Economic Affairs Committee, we would all still believe that it was the work of Representative Steube and her, with of course the
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direct input of the Florida Bankers Association whose criminal desires to continue their rampage against our residents is the sole purpose of this draft law. Members of this House must know that selfregulation does not work, has never worked and is always an instrument of corruption and/or protectionism. Members of the Florida Bar have turned this into an art form. Attempts by our previous Attorney General to investigate the thousands of crimes committed by attorneys employed in the so-called foreclosure mills were brought to a halt when a Miami Judge proclaimed that only the Florida Bar and the Supreme Court could investigate and prosecute an Attorney. To further insulate their Members against competition they have unlawfully created the myth that any person who assists another during the legal process has committed a felony by practicing law without a license. This phony law is entirely under the control and direction of the Florida Bar and the Judicial Branch of our Government. It not only allows the Bar to investigate and prosecute anyone suspected of practicing law and to obtain convictions in the criminal courts adjudicated by their fellow bar members who are also Judges in Circuit Courts. As with all bad laws they are always justified as being in the interest of the citizens. When justifying the unlicensed practice of law as beneficial to the people they suggest that accused persons have pretended to be attorneys. The true effect of this ‘law’ is to reduce the options open to a defendant in any lawsuit to being represented by a member of the Florida Bar, or being a pro se litigant. This is particularly hard on people who cannot afford to hire a lawyer, but who have a family member or friend who has legal knowledge and presentational skills that could help a pro se litigant prepare his pleadings and but for this restrictive law appear in court with the Defendants permission to present argument. The true purpose is of course protectionism by attorneys for the
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benefit of attorneys and is detrimental to the interests of the people. It is a further violation of freedom of the individual to appoint whosoever he or she wishes to draft their pleadings and present their legal argument. The only thing the public needs to be protected from is the potential for a person who is not legally qualified and a member of the Bar to pretend that he or she is an attorney, or is as good as an attorney because they went to law school but did not complete the course. Along with any other fraudulent pretence such rare occurrences could be easily dealt with by criminal laws with suitable punishments for offenders. No other profession or trade in this State enjoys such privileges, for which there is no justification. The Florida Bar is Guild which does not permit any other guilds of attorneys to be formed or operate – and enforces the payment of their annual fees to conduct the business for which they have been trained by years at law school and have passed the necessary examinations to prove their competence. Even the medical profession does not enjoy exemption from outside investigation and regulation by the State’s Executive Branch. This law must be urgently repealed along with the Unlawful practice of law and all Florida Bar Members must obtain a license to practice from the Executive Branch. This unlawful self-proclaimed right to selfregulation is nothing but a protective mechanism to hide the excesses and crimes of Attorneys. Left unchecked those attorneys who have no respect for the law they depend upon for a living, the ones who happily forge documents, impersonate corporate officers, file their forged and fraudulent documents in Official Records and as exhibits in our Courts, they will continue that unethical and criminal behavior and our citizens and residents will continue to suffer the consequences of their sheltered criminal abuses. All Members of this House who are officers of
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the Court, must either terminate their office under the Judicial Branch of our Government or immediately resign as members of either chamber in the legislature. To ignore this demand for upholding the provisions of Article II Sections 3 & 5 of the Florida Constitution will be an admission by the House that it has no respect for the State, or Federal Constitutions that it has sworn to uphold before taking up both of those conflicting offices in the two separate branches of government. As previously stated in this document this Bill is the third attempt by the Banksters to hijack the legislature of the State of Florida for the furtherance of their crimes against the people. Whatever else is implemented or ignored this Bill must be removed from the House’s Agenda. Both political parties must distance themselves from the corruption that is destroying our State and our Country. While the primary intent of this Report is to stop this outrageous Bill from ever being voted into law, the underlying motivation is to put this State back into compliance with our governing laws. It is time for Dean Cannon’s words to be studied and heeded. This legislature must recognize that it has acted badly in allowing bad laws to be enacted and must recognize that this is one of the times when it must act swiftly and decisively to curb its own and the excesses of the other two branches of government. Just as Members of this legislature cannot occupy more than one office in any one or in more than one branch of government, neither can any member of the Executive Branch. Pam Bondi and all future Attorneys General cannot be permitted to continue to enjoy the status of Officer of the Court by remaining as Members of the Bar during their terms of office as Attorneys General. This Foundation suggests that an investigatory Commission or grand jury be set up to investigate and report on the abuses of our laws that must cease, to recommend the enforcement measures necessary to return the State to compliance with
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those laws and to further recommend laws that should be enacted, if any, to curb the excesses of all three branches of our government and ensure strict compliance with the governing Constitutions. Respectfully submitted by The Hanging Together for Justice Foundation on behalf of its Members and the people who reside in the State of Florida.

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