(BREAKING NEWS — OP-ED) — This is not legal advice! The author of this post is bringing you the latest mini-victory courtesy of Florida Criminal Code § 817.535 … and its applicability to defeating the banks’ servicer’s motions! Read these briefs for your own educational benefit and understand that we are using “the system of things” to move the cases forward!
(VOLUSIA COUNTY, FLORIDA) — A judge in Volusia County Circuit Court has DENIED the Defendant’s Motion to Strike in a mortgage foreclosure case.
SEE THE COURT’S ORDER HERE: motiontostrike-denied
The arguments posited in this case deal with what I’ve previously discussed on this blog site … statutory violations!
Not every state has the same kind of statutory components as Florida (some do) that offer a civil component that could bolster a homeowner’s claim that the bank and its servicer AND its law firm knew of should have known that what they proffered to the court through their pleadings and exhibits could come back to bite them.
Whether you are an investor who is faced with a legal conundrum over an acquired property or a homeowner who is facing foreclosure, you should understand that there are statutes, which I explain in detail in the back end of THE QUIET TITLE WAR MANUAL, on a state-by-state basis, that covers statutory violations as well as your common law right to bring an action under consumer protection act statutes or based on a criminal component that could be brought into the mix in the civil realm. For example, perjury is a felony. If you are in a civil trial and you commit perjury giving false testimony, the matter now becomes a criminal matter … subject (of course) to the discretion of the court. If the attorney representing the bank or the servicer lies to the court and misrepresents the truth or relies on false and misrepresentative exhibits as part of their presentation and pleadings, then what do you think the court should do to them? It happens all the time in court yet homeowners’ attorneys seem to turn a blind eye to it. Well, not EVERY foreclosure defense attorney turns a blind eye to it, but a lot of them do because (after all) we can’t “rat out the brotherhood now, can we?”
If an attorney for the bank tells the bank’s witness to misrepresent the truth on the stand (or in a deposition) and it is discovered through an evidentiary hearing that the attorney suborned perjury … well, that’s a felony too!
If you’ve read my posts on “Gutting the Underbelly of the Beast” … I’ve explained the process of what happens (and what’s available) by running a misconduct complaint up to the state bar’s disciplinary board. You (as a pro se litigant) will NOT have the same results as a bar-licensed attorney who files the same complaint before the tribunal. Statutory violations can thus be turned into ethical violations when the bank’s attorney doesn’t play fair and doesn’t tell the whole truth or misrepresents the truth in his pleadings and exhibits.
Now for the real slice and dice …
Here’s the motion put forward by the homeowners, as Plaintiffs, which prompted the bank’s motion to strike:
This is WHY the judge denied the motion to strike and placed this matter for trial.
The way I’m reading this, it’s the perfect set-up for the ethical violations and eventual reporting to the bar of the charges so the bank’s attorneys would stand to be disciplined. It’s the way the system of things is supposed to work!