Former Florida Supreme Court Justices issue Ominous Warnings about our Judiciary & The Evidence Against Bank of America and their Lawyers

Please join us. We need all our prayer warriors!  

I have two hearings Wednesday and Thursday of this week before Judge Migna Sanchez Llorens where Bank of America and its lawyers are attempting to push through systemic fraud on the court even after Judge Beatrice Butchko started criminal contempt proceedings for that fraud. 

This is the same fraud that forced a Cuban Benefactor and Miami-Dade Mayor Daniella Levine Cava to intervene to protect Ana Lazara Rodriguez, the 83 year old former political prisoner who endured 19 years of torture in a Cuban prison for women. 

The lawyers are emboldened after they attacked Judge Butchko’s integrity by accusing her of falsifying perjury charges which led to Judge Butchko being removed from the case. The Daily Business Review published an article about Judge Butchko being “booted off the case” when she should be commended for confronting banks committing fraud in her courtroom.  

Former Florida Supreme Court Justices issue Ominous Warnings about our Judiciary

Two former Florida Supreme Court Justices have publicly sounded the alarm that Florida’s independent judiciary is under attack by wealthy special interests. Justice Barbara Pariente wrote an article in The Florida Bar Journal in 2016. https://www.floridabar.org/the-florida-bar-journal/preserving-a-fair-and-impartial-judiciary-the-cornerstone-of-our-democracy/  Justice Pariente wrote on behalf of the National Association of Women Judges Informed Votes Fair Judges Project. https://ivp.nawj.org/about/   

On December 13, 2021, former Florida Supreme Court Justice Peggy A. Quince wrote an op-ed the Miami Herald published that warned these special interests have “captured” the courts in a “perversion” that presents an imminent threat to the rule of law. https://news.yahoo.com/florida-dangerously-close-losing-independent-215531969.html?soc_src=community&soc_trk=fb 

Justice Quince warned we must pick appellate and trial court judges “to be fair and impartial. We should pick them to rely on the federal and state constitutions and Florida law. Ideology and campaign donors must not guide their decisions” or risk the scandals that rocked the Florida Supreme Court in the 1970s for malfeasance, misfeasance, and bribery.  

The Evidence Against Bank of America and their Lawyers

My work has shows that the Third DCA, the Appellate Court over Miami, has repeatedly blocked or removed judges who have attempted to hold powerful parties in contempt for fraud on the court. Those rulings were based on false arguments made by the banks and their lawyers. 

Those same parties continue to attempt to commit the same fraud before other judges and violate homeowner’s constitutional rights by depriving them of their property without due process of law. 

Here are the pleadings I filed which shows the judges that have all found this to be bad faith. It lays out all the sworn admissions that prove this is all bad faith. It also lays out the law that supports the warnings from Justice Quince and Justice Pariente. 

https://www.dropbox.com/sh/r93qrgk1yrlijwg/AABDY8veM3QPBw0Zalw-mFn5a?dl=0

The First Hearing on the Fraud – 4pm on Wednesday, December 22, 2021

Judge Migna Sanchez Llorens is being asked to grant summary judgment to Bank of America, as servicer for Bank of New York Mellon in another fraudulent foreclosure involving this same forgery, perjury, and obstruction of justice. Here is the hearing information so you can attend by zoom:

Scheduled Date and Time: Dec 22 2021 4:00PM
Judge Name: Migna Sanchez-Llorens (CA31)
Case Number: 2014-018881-CA-01
Style: Bank Of New York Mellon (the) vs Figueroa, Carlos
Motion: Motion for Summary Judgment
Scheduler: Crawford, Kadian 
Created Date: Oct 20 2021
Zoom Meeting ID: 99475571578
Zoom Join Url: https://zoom.us/j/99475571578

The Second Hearing on the Fraud – 11:30AM on Thursday, December 23, 2021

Judge Sanchez Llorens has another one hour special set hearing where she is being asked by another set of lawyers to allow the same fraud Judge Butchko started criminal contempt proceedings to confront. The Third DCA removed Judge Butchko from the case and now the same attorneys are attempting the same fraud in front of Judge Sanchez Llorens. Here is the hearing information for that motion:

Motion: Plaintiff’s Motion for Protective Order
Scheduled Date and Time: 12/23/21 11:30:00 AM
Scheduled Before: Migna Sanchez-Llorens
Case Number: 2018-041280-CA-01
Style: THE BANK OF NEW YORK MELLON vs MELIDA ABADIA et al
Zoom Meeting ID: 99088159815
Zoom Dial In Number: +1 786-635-1003
Zoom link https://zoom.us/j/99088159815

Instructions to Media that Want Permission to Record the Hearings

Any media that wants to record the hearing must request permission from the media coordinators. Marissa Gavica – mgavica@jud11.flcourts.org 
AND Eunice Sigler – esigler@jud11.flcourts.org 

Introduce yourself and let them know which media outlet you’re contacting them from. Also, send them the hearing information listed above. 

They usually reply back quickly, if not, you can reach them at 305-349-7188.

I would really appreciate your support in raising awareness about these attacks by special interests (banks) engaged in fraud upon the court who are destroying the independence of the judiciary. The affordable housing crisis in Florida is a direct result of securities fraud, foreclosure fraud, and unlimited resources of Wall Street banks that are buying up the desirable properties across Florida that have caused home prices and rents to skyrocket.

Without an independent, fair and impartial judiciary, there is no democracy or rule of law. All judges are sworn to uphold the constitution. 

Justice Quince has sounded the alarm. We need the media to carry her message to the citizens of Florida. 

Thanks and regards,

Stop Foreclosure, Sue for Breach of Contract 

Now is the perfect time to stand up for your legal rights and sue for beach of contract, mortgage fraud, and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win! In 2016 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have legal standing to challenge an assignment of the mortgage loan contract in an action for wrongful foreclosure on the grounds that the assignment(s) is/are void. Obviously if the court had ruled differently, the banks would have had carte blanche to forge mortgage assignments with wild abandon. In fact, without a system of endorsements and assignments it would be impossible to determine who has a legitimate interest in the property!

In THE PAPER CHASE: SECURITIZATION, FORECLOSURE, AND THE UNCERTAINTY OF MORTGAGE TITLE ADAM J. LEVITIN writes “the mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose? If a foreclosure was done improperly, what is the effect? And what is the proper legal method for transferring mortgages? These questions implicate the clarity of title for property nationwide and pose a too- big-to-fail problem for the courts.

The legal confusion stems from the existence of competing systems for establishing title to mortgages and transferring those rights. Historically, mortgage title was established and transferred through the “public demonstration” regimes of UCC Article 3 and land recordation systems. This arrangement worked satisfactorily when mortgages were rarely transferred. Mortgage finance, however, shifted to securitization, which involves repeated bulk transfers of mortgages.

Like many other cases, current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” However a recent Yale Law Review Article eviscerates the assumptions of a free house for the homeowners and destroys the myth that somehow that policy has saved the nation. You can read the Yale Law Review article “In Defense of “Free Houses” for more information on this tide change.

To facilitate securitization, deal architects developed alternative “contracting” regimes for mortgage title: UCC Article 9 and MERS, a private mortgage registry. These new regimes reduced the cost of securitization by dispensing with demonstrative formalities, but at the expense of reduced clarity of title, which raised the costs of mortgage enforcement. This trade-off benefited the securitization industry at the expense of securitization investors because it became apparent only subsequently with the rise in mortgage foreclosures. The harm, however, has not been limited to securitization investors. Clouded mortgage title has significant negative externalities on the economy as a whole.

If your loan contains fraud or it was securitized then your lender may have breached your mortgage loan contract, and therefore your mortgage loan contract could be legally challenged in a court of law. If your mortgage loan contract is declared legally void, then any assignments of the mortgage loan contract, or subsequent assignments, could also be declared legally void.

Securitization is the process of taking an asset and transforming them into a security. A typical example of securitization is a mortgage-backed security (MBS), which is a type of asset-backed security that is secured by a collection of mortgages. Keep in mind that it is perfectly legal for banks to create mortgage-backed securities (MBS’s); however there are significant legal ramifications that will either harm you, or benefit you, depending on what actions you take in response to the fact that your mortgage or deed of trust is legally void resulting in your property, in reality, being unsecured, just like a unsecured credit card debt. What’s in your wallet?

This is why we recommend that you take immediate action and sue for the remedy the law entitles you to, and that you deserve. Treble damages and clear and free title to your home. Not sure if your loan contains mortgage fraud or if it was securitized, no problem, we will do a free mortgage fraud analysis and free Bloomberg securitization search for you.

Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game. The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.

The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate. Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.

FRAUD STOPPERS Foreclosure Defense Program has moved the bar forward in many substantial ways:

  • Our Private Administrative process is a targeted approach to Informal Discovery:
  • 3-501. PRESENTMENT or States equivalent
  • Mortgage Error Resolution/Request for Information: If you believe there is an error on your mortgage loan statement or you’d like to request information related to your mortgage loan servicing, you must exercise certain rights under Federal law related to resolving errors and requesting information about your mortgage loan. If you think your credit report, bill or your mortgage loan account contains an error, or if you need more information about your mortgage loan, you send a written letter concerning your error and/or request.
  • Cutting edge mortgage fraud examination and court ready lawsuits and trial ready evidence to win your case
  • Nationwide foreclosure defense attorneys and Pro Se litigation education and support products and services

Subsection of Presentment (example Covenant 8 of UCC3 Note) shows NOTE and under paragraph 1 states: “BORROWER’S PROMISE TO PAY: In return for a loan that I have received, I promise to pay….

MULTI STATE FIXED RATE NOTE–Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 3 pages) Covenant:

  1. WAIVERS

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

  • 15 U.S. Code § 1692g – Validation of debts

Often a debt collector cannot validate a debt and therefore cannot legally enforce collections.

  • Truth In Lending Act (TILA RESCISSION) codified in 12 CFR Part 226 (Regulation Z); particularly§ 226.34 Prohibited acts and §226.32 sub-paragraph (ii) et seq. predatory lending practices

A mortgage loan covered by the Truth in Lending Act may be rescinded by mailing a Rescission Letter to the purported lender, forcing the purported lender/creditor to oppose that rescission with a lawsuit within 20 days or lose all opposition rights.

  • The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.

“Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.

  • Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
  • The PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.

We have spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable.

Our primary focus is on getting clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable.

Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust. In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, i.e., a permanent ban on foreclosure.

The Stand & Fight Program is a complete program that provides you with everything you need:

  • Administrated Process
  • Court Ready Chain of Title Investigation and Signed Affidavit
  • Complaint along with all exhibits
  • Legal Research
  • Legal Briefs
  • Motions
  • Answers
  • Interrogatories
  • Depositions
  • Case Management for Local Civil Rules of Procedures
  • Training and Support

Take action right now and get the FACTS and HELP that you need to gain the legal remedy that the law entitles you to, and that you deserve!

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For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

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