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Foreclosure Fraud - Is Lee County Foreclosure Court Above the Law?
The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers
Summary Judgment. According to Rule 1.510(e), Affidavits filed in
Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony.
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
Florida Courts have
routinely singled out Homeowners in Foreclosure for special (negative)
treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack
the necessary attachments to meet the requirements of Rule 1.510(e) has
been a constant battle fought by every attorney who fights on behalf of
the homeowner; and, who seeks to have the Rules of Civil Procedure
applied in a fair and just manner.
This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other
areas of the law or judicial divisions in the court system. This is the
travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.
The Florida Rules of
Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida
Rules of Evidence or applying the Florida Statutes, Judges should not
look first to whether or not the defendant is in foreclosure and adjust
the rules and laws to fit a perception of guilt or expediency. Rather
the judges and court should first look to see if the plaintiff even has
standing to appear before the Court; and, second, if the plaintiff has
proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org
has seen, the fight for equal justice under the law and under the Rules
of Civil Procedure is still an ongoing battle. Homeowners are still
not being given due process under the law.
Here is a stark example of how the courts ignore the Rules of Civil
Procedure and treat Homeowners differently than all other parties in any
other area of the law:
On December 2, 2010, a Lee County Judge issued an order holding that Lee County
is not requiring the Plaintiff’s in a Foreclosure law suit file
affidavits that comply with Rule 1.510(e). This is judicial tyranny.
WOW – Is Lee County Foreclosure Court Above the Law?
This is outrageous! Now a Judge is flat out saying that
the Florida Rules of Civil Procedure do not apply! Florida Rules of
Civil Procedure 1.510 Summary Judgment e) Form of Affidavits; Further
Testimony. Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, … Read more
Order - Lee County is NOT Requiring That Plaintiff's Comply With Fla.R.civ.Pro 1.510(e)
Ultimately, the District Courts of Appeal are going to have to decide if the Florida Laws apply equally to everyone or that Homeowners in Foreclosure are not entitled to equal protection under the law, due process, or fair and equal treatment
of the Rules of Civil Procedure and the Rules of Evidence.
Furthermore, there will have to be a determination as to whether judges
who operate outside the parameters of the Constitutional Right of Due
Process, Equal Protection, and the impartial administration of the
Florida Rules of Civil Procedure and Rules of Evidence are qualified to
be judges.
~
4closureFraud.org
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And they say the good-ole-boy-network is dead. Ha!
Far from it.
When it works right, it works wonders.
When it works badly, people get hurt.
I'll leave you to decide which this situation represents.
Gilchrist County, Fl court story. In court watching a trial before my ex's, there s kid on crutches. Judge asks him why he's no dressed correctly for court. Seems he has a leg cast and didn't want to ruin another pair of pants. So they get past that and heres what the case is about: Kid sees a stabbing in a bar and chases the bad guy out the door and gets hit by a car. State police come by and charge kid for blocking traffic because he's laying in the street with a broken leg. Case gets thrown out but judge tells kid never to show upp in his court again without "proper Britches". Ex lost her speeding ticket case.
The Judge will lose on appeal. Florida has lots of crappy trial court Judges unfortunately. Appeals are easy and relatively quick.
This is a "well thought of and RESPECTED" (not my opinion) Judge that has been around along time, Daddy was a Judge before him... Laws are selectively enforced in Florida. In Florida you might be on sound legal footing and still lose on appeals.. btw does the homeowner filing the appeals have the money to pay for the legal cost UPFRONT??? This is what these Judges count on, and if the owner is stupid enough to appealed the "good old boy net work" (Judges up the food chain) will close ranks, run the attorneys time clock, costing the home owner alot of money and the homeowner will lose at the end of the day. Moral of the story you may be right but you are going to lose to TPTB. Florida is land were the real estate developer rules supreme.. they hold all the cards.. Google "morse family the villages"
justice system is becoming more awol at the local just like it has been for years at the federal level.
Of course the judge said the rules for procedure don't apply. It's a court and the judge serves the state so any pretense that there are such thing as rules is simply laughable.
Lawyers, judges, lawmakers and most especially TBTF executives & the institutions they lead are above such things as the law or the patina of rules.
It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.The government is the potent omnipresent teacher.- Frederic Bastiat
For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that the end justifies the means -- to declare that the government may commit crimes -- would bring terrible retribution. - Justice Louis Brandeis
Listen Proles. Yours is supposed to be a hard life. Sorry but that's just the way it is... the way it's always been.
Now get back out there & bust your ass to produce value so your parasitic owners can suck it away from you.
http://www.csper.org/renaissance-20.html
The Honerable James Thompson needs to be removed from the bench
The Honorable James Thompson needs to be disciplined by the FL Supreme Court
The Honorable James Thompson needs to be dis-barred
The Honorable James Thompson needs to have his bank records for the past 24 months pulled and examined.
The Honorable James Thompson needs to be tarred and feathered for being a tool of the banksters
The Honorable James Thompson etc. etc. etc. etc.
More filth de-faming the judicial system.
Florida Courts are THE WORST! Why aren't you people down here in Ft. Lauderdale? Broward County is where Stern, Watson, all OPERATE here. Come see for yourself the gray haired, deaf, judge-in-a-hallway, Matt Taibbi get down here!
there are still people looking at buying real estate in that state. amazing.
Watch the video and exlcusive interview of Infamous Washington Crook Ben Bernanke "Rare CBS Interview!! Ben Bernanke 100% Certain of Economic Recovery – Just like in 2007” at (http://www.youtube.com/watch?v=jtl_jHhNXWo).
by Anonymous
And that is a? spot on answer. Bendover and grab your ankles America.
Throw that fucking judge out on the street and, if it's procedurally possible, take his pension from him.
Judge James Thompson of Lee county was pulled from retirement to help "clear up" the back log to get these houses "back on the market" to help the local economy...... This man's belief is that if you are not current on your payments you are in default... no other explanation required, you lose your house... due process "don't mean shit" to this fine example of activist judges.. good old Florida redneck..... this is just binnesss....
Well, if it's good enough for them, I guess it's good enough for us too.
The cancer is growing, and spreading very quickly. We're also hearing about NBSs - "Not Backed Securities," since the MBSs were merely empty boxes, containing no notes or mortgages. NBSs, you may be surprised to learn, are not worth very much.
http://www.market-ticker.org/akcs-www?post=174174
Sue the friggin judge and county in civil court, they understand that. I hope it was on
record. Judges think they are untouchable, their not. You use their own laws against them. A smart attorney would have the judges balls but he wouldnt
be to popular in that county. I have heard of all kinds of shit going on in that county.
This shit coming to an end pretty soon I hope and pray.
I passed thru lee county late one night on the way back to the west coast. All sorts of people getting stopped in obvious speed trap. Haha, I think. Go the speed limit and no more. 15 minutes later, there are the blue those ubiquitous lights in the rear-view mirror. "Is that a rental car, you got there?", I am asked, somewhat off-hand. Minutes later, I am the proud owner of a 17MPH over the limit ticket. Might as just as well as had an out of state sucker tatoo on my forehead. It is nice to know the judicial system screws the locals as well. f-them all.
Did you go back in a year or two and quietly take care of it?
No. Only real resolution is to pay a stand-in (some law firm) who goes and throws you on the mercy of the court. So blow another $200 on top of the ticket to keep the points off the license.
if the homeowner in this case had shown his Florida Republican voter card he would have had different treatment. Seriously, the average person looks at this and says," well, that is one more I don't have to jump over on the way to the top". One day this 'fend for yourself' will catch up to everyone, they think it does not affect or effect them. The sense of community has been destroyed by banks, the failure of law enforcement to abide by law, and politians who know "these losers" can't give them a dime, and tv giving us truth, justice and the American way spoon by spoon.
Lets let our soldiers fight for democracy in foreign lands, it is dead here.
They are making a bed that they will eventually have to lay in. Then if the judge and others don't have to follow THEIR OWN PROCEDURE'S, then it's adhoc law. When you have a govt. and court system that is doing whatever for their own expediancy and not listening to laid down law, then said court system is a kangaroo court.
My family used to have a vacation home in Lee County. It's not the most enlightened place. Lots of property speculation happened there and I'm sure it was done with the connivance of local authorities all too eager to make a buck.
live by the sword, die by the sword