Tag Archives: Mark Stopa

BRUCE JACOBS CATCHES FLAK FROM FLORIDA’S THIRD DCA!

(BREAKING NEWS – OP-ED) —

The statistics are unlike anything I personally have ever seen as a consultant to attorneys on matters of foreclosure, chain of title and the system of things … BUT Miami-Dade foreclosure defense attorney Bruce Jacobs has put himself in the firing line by causing the Third DCA into an apparent retaliation by issuing Jacobs a Show Cause Order as to why he should not be sanctioned for violating not only Florida Appellate Rules of Procedure but Florida Bar Rules as well.  I’ve personally met and talked with Bruce Jacobs, a former Miami-Dade State’s Attorney, a devout follower of Judaism.  There are those in the foreclosure world who think little of him for various reasons, while others think he’s too busy to handle their cases, while yet others believe he is a true fighter for “the little guy”.

Miami’s Daily Business Review (via law.com) just broke a story yesterday (October 4, 2018) of the potential sanction news against Jacobs. After doing a little digging, I found the subject per curium ruling that put Jacobs in the crosshairs of some very pissed off judges.  It all stems from their reversal of the famous HSBC v. Buset case, where Jacobs represented the Busets.  After the 3rd DCA’s reversal, I asked Bruce about their opinion in Buset and he told me succinctly that “This is war! This ain’t over yet!”

In a State where homeowners have had more opportunity to figure out “the system of things” as to how foreclosure courts behave, the statistics you’re about to read, which were contained in a filing with the Florida Supreme Court in the cited case, includes statistical evidence of how Florida’s Third DCA is apparently biased and prejudiced against delinquent homeowners:

Alexander v Bayview Loan Svcg LLC, 3D16-2228 (filed April 20, 2018)

Knowing what I know about phony assignments, I proffer an idea here that squarely puts “the system of things” into motion.  By reading this “Opinion” issued by the Third District Court of Appeals in Florida, see if you can make out the frustration not only felt by Bruce Jacobs but by virtually ALL homeowners who’ve ever been in front of any judge in the Third DCA:

Aquasol Condominium Assn Inc v HSBC Bank USA NA et al, 3D17-0352 (Sep 26, 2018)

Again, Jacobs has locked horns with a nemesis that has a propensity to lie in the manufacture of assignments.  In a case in Hillsborough County, Florida, HSBC’s “document manufacturing” came under serious scrutiny and the recorded document was ordered cancelled and expunged from the Clerk of the Circuit Court’s official records in that county.  The case involving that apparent suspect document is still ongoing and if “the system of things” is allowed to play itself out, one particular foreclosure mill law firm and five of its attorneys could be facing the same consequences as Jacobs is now.  It is problematic that most homeowners let their frustrations get in the way of common sense, but the latest “Opinion” seriously appears to put Jacobs in a very tenuous position, since he’s called out the Third DCA for what he believes they apparently are … biased and prejudiced against homeowners … enough to ignore obvious frauds on their own court systems!

However, it should also be made clear here (IMHO) that “the system of things” as I have described in the 10-part series, “Gutting the Underbelly of the Beast” was not implemented in Buset … was clearly not implemented in Alexander … and was definitely NOT implemented in Aquasol, predicated on what didn’t happen in Buset.  That may be tough for some to get their head around; however, when you see the quotes that Bruce Jacobs included in his brief to the Third DCA, which made them recoil, it’s clear the Opinion they issued was really a Show Cause Order that the media is now going to make a 3-ring circus out of, especially in light of what happened to Pinellas County foreclosure defense attorney Mark Stopa.  It’s obvious that Florida does not like aggressive foreclosure defense attorneys, whose first duty is to “the Court”.   With the advent of a Florida judge testifying (at Stopa’s hearing) that Florida foreclosure court judges are incentivized to clear their dockets and receiving bonus cash rewards for doing so, it is very clear that our courts have allowed their own political agendas to taint “Lady Justice”.

I’ve always said it’s about the assignments.  It’s always about the assignments.  This is why C&E actions are so vitally important:

(1)  They dissect the false and misrepresentative information contained within the assignments that are being relied upon by bank’s counsel in foreclosure proceedings.  This involves deposing robosigners.  HSBC has robosigners.  They defaulted when challenged in a C&E as to what authority they had to execute the document.

(2) They bring to light certain statutory violations. Florida has a civil component to its criminal component in F.C.C. § 817.535, which some attorneys rarely use and if they use it, apparently don’t go far enough in using it. They “drop the ball” by NOT doing a C&E on the document called into question.  This is no different than a pro se homeowner going into court and waving a document around and calling it a fraudulent document.  Same results. The Court says, “Prove it!” … and you have no proof!  So piss off!

(3) They bring to light certain ethical violations. Imagine you’re a foreclosure mill lawyer who’s relying on the false and misrepresentative information contained within an Assignment of Mortgage (or even an Assignment of Deed of Trust, for those of you in non-judicial states that have sought to litigate a matter to stop a foreclosure), and you (a.) failed to exercise due diligence in vetting your evidence; (b.) were purposefully involved in the creation of the fraudulent document; and (c.) new or should have known that the information you proffered to the Court would result in a statutory violation.  There are individual Bar Rules in every State that call out this type of behavior.  These Rules fall under the section labeled “Misconduct”.  On occasion, State Bar Associations and Courts across America have to deal with such matters; however, foreclosure cases are particularly egregious in nature because the ethical violations appear to arise out of statutory violations being promulgated on the Court.

(4) They require a determination as to their validity of the document in question.  In the Hillsborough County matter, HSBC had every opportunity to respond, yet didn’t.  When you look at the C&E’s allegations there, HSBC employees could have been facing felony UPL charges.  Duh!  It’s no wonder they didn’t show up.  The good ‘ol boy network on occasion does “circle the wagons” to protect its own practitioners.  I gotta give ’em credit for their somewhat misplaced allegiance.  They pick and choose who they want to prosecute.  Obviously, the several HSBC employees aren’t in jail, so they’ll keep manufacturing phony documents (like every other mortgage loan servicer has done since they were told not to in 2012).

(5) They require a definitive action by the Court.  When presented with the facts, the judge in the Hillsborough County matter cancelled the document and ordered it expunged from the real property records.  That expungement was not detected by the foreclosure mill law firm.  That expungement created further triable issues of fact.  That expungement, in of itself, created a statutory violation.  That expungement further convoluted the chain of title, impairing that property’s vendibility.

(6) They are the “backbone” of any quiet title action.  Once eliminated, assignments and other documents set the basis for the complaint or counterclaim sounding in quiet title because the “obstacle” that the bank has to contend with is an illicit document, shown to be fraudulent, or in the alternative, proven to be fraudulent, with expert witness trial testimony from an attorney to back it up in subsequent cases.  This posits a very serious scenario for the foreclosure mill law firm.  It posits an even more of an issue for any judge hearing the subsequent quiet title action, because the same unclean hands that created and/or relied on the phony document that was cancelled and expunged through the C&E have now come home to roost.

As long as the homeowners are in a position to control the outcome of their cases, the C&E may become a vital tool to measurably determine the success or failure of their destinies.  Sadly, as vigorous of a defense that any foreclosure defense attorney could throw at the other side, especially in this matter, the C&E wasn’t part of it.  Without a basis in finality, how then can “the system of things” work to impose sanctions on the real violators and unseat judges for agreeing with them?

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FLORIDA FORECLOSURE COURTS APPEAR “STACKED” IN FAVOR OF JUDGES! EVEN MORE BREAKING NEWS!

EVEN MORE BREAKING NEWS — (from previous post on April 25, 2018)

Just to let you know that the author of this post and his WKDW-FM 97.5 Radio Co-host R. J. Malloy are NOT taking the Florida Supreme Court hearing involving Florida Bar charges of professional misconduct against Florida attorney Mark Stopa lying down, a team of attorneys and this author drafted an Open Records Act request to the Clerk of the Supreme Court, demanding a copy of the Florida judge’s remarks as part of the transcript, to further analyze it to find out whether or not to bring in a team of attorneys to sue the State of Florida Legislature, each state legislator personally and in their individual capacity, the Florida Attorney General (for not doing something to prevent potential conflicting legislation from being enforced) and the Florida Bar and the Judicial Qualifications Commission of the State of Florida who had to have known the implications of the legislation that rewarded judges’ behavior in foreclosure courts across the state with bonuses based on performance in clearing foreclosure dockets.  Read the request here:

stoparequestpdf-053118

We will be following up on this in short order and are still looking into the “rewards program” for judges.  It disturbs us (the team of attorneys I am in communication with) that collectively, as both lawyers and non-lawyers, that the legislature could stoop so low as to “reward bad behavior” in the denial of due process rights by passing legislation incentivizing foreclosure court judges to quickly clear off their dockets in order to get these bonuses.

We are just getting word that the Supreme Court of Florida plans on suspending Stopa’s license to practice law for one year.  Generally, attorneys have thirty (30) days to clear off their case loads and close their practices after getting formal notice.  We are awaiting further news on the latest developments.

(Updated on May 31, 2018 to reflect new development in this matter.)

BREAKING NEWS, OP-ED —

The sinking feeling that overcomes Florida homeowners entering the foreclosure arena (the Sunshine State’s version of a 3-ring circus aka “rocket docket”) was finally manifested in the case against Florida attorney Mark Stopa, who has been at the center of controversy for being abrasive before these judges, resulting in possible disbarment for professional misconduct.

In my book, when you win foreclosure cases (which means the banks lose), judges don’t like it … by that I mean having the obvious thrown in their faces; however … and we are trying to get the transcript from Stopa’s recent Florida Supreme Court hearing … it does appear that the deck has been inadvertently “stacked” against Florida homeowners in favor of not only the banks, but the judges hearing the cases as well!  Think I’m exaggerating here?  Take a look at what Stopa posted on this Facebook page:

Even with the glare of the screenshot covering up the word “notable”, what is hard to fathom is how Florida foreclosure court judges are seemingly on the “take” when it comes to clearing off their court dockets and how they were incentivized by the Florida legislature.  So, does this mean that Pam Blondie is going to investigate this scheme?  Not likely.  She wouldn’t investigate the OSCEOLA COUNTY FORENSIC EXAMINATION, which Stopa’s buddy Matt Weidener snubbed on Orlando television.  These two aren’t “holier than thou” in my book; however, I am willing to concede that the testimony from this hearing is probably damning in more ways than one and could have only happened at Stopa’s expense.  What makes these allegations (in the form of testimony from a judge included) make things any different?   Felonies are felonies and judges handling foreclosure cases appear to have gone right along with the scheme of things.  Among the rumors … that judges financially profited from the scheme based on their “performance”!

If the transcript (which trust me … is going to be gone over with a fine-toothed comb) bears any other significant testimony, you can bet we’ll use it against the judges in Florida’s foreclosure courts relative to Florida Criminal Code § 817.535 cases.  The Florida States’ Attorneys have every opportunity to launch their own independent investigations but none, including the recently-elected Aramis Ayala (in Florida’s 9th Circuit) have lifted a damned finger to investigate and prosecute any of this suspect behavior.

Exactly how many legislators and judges have been paid off by the banks to facilitate this fraud?   The stuff contained within the Stopa Facebook post seems to parallel the Volusia County judicial rag that told judges there that their “performance” was being monitored and if they knew what was good for them, they’d tow the line and clear their foreclosure dockets!   If one of their own has come clean and testified to the Florida Supremes that this sort of crap behavior is going on, then I say, it’s time to unseat every damned Florida foreclosure judge and every legislator that fell victim to this corruption (the next best thing to tar and feathers or the stocks) and hang their sorry ass political careers out to dry.

When you incentivize a Florida foreclosure judge, what do you think he’ll/she’ll do?   Of course they want to go out with a financial bang!

How many of these judges are pedophiles?   Has anyone ever investigated how much pornography is on these judges’ computers?

It seems we can’t shake these rumors.   All one has to do is examine the number of prosecutions were conducted by the Florida Judicial Qualifications Commission (JQC) and a lot of the so-called “disciplinary” actions seem lame when you compare what came out in Stopa’s hearing about the incentivizing of a foreclosure judge?   Has anyone investigated the Florida judges for acquiring property through the very own foreclosure hearing they ruled upon?  We’d like to hear about it.  If you have pictures or recorded documents of Florida judges acquiring foreclosed homes … this represents a clear conflict of interest and a bigger part of the conspiracy to defraud Florida homeowners.  Hell, it represents serious criminal activity, obviously spearheaded by some serious bank lobbying in Tallahassee.

MORE BREAKING NEWS! —

We received word from the Florida Supreme Court on the request we posited under the Florida Open Records Act and got nowhere because, even with clarity, the Clerk did not “get” what we were asking for, so we’re doing more research into the Stopa hearing, which apparently was in St. Petersburg, Florida (Pinellas County) in an open hearing held on April 21, 2018. From Stopa’s Facebook page, we know a woman judge spoke on his behalf and revealed damning information about judges being paid bonuses!  Stopa’s office is not saying much of anything, but we are hearing back channel information that Stopa may not get any suspension time at all, following our Open Records Act request!  We have also heard that other complaints against him are still pending and haven’t made the disciplinary committee yet. This is even more disconcerting because it demonstrates that the more you aggressively fight for homeowners, the more the “system” tries to beat you down.  Foreclosures are big business and the banks don’t like losing, so they will resort to any means to take out their opponent, so we’re going to start doing the same back at them!

If you didn’t get what I just said … we will be explaining HOW in the upcoming workshop!   And the banks aren’t going to like it! 

Stay tuned!

We’re going to figure out a bigger mousetrap given this testimony and we expect to have that scenario to present to you in the upcoming FORECLOSURE DEFENSE WORKSHOP … because now … given this diatribe (seen in the screenshot above) … the judge has now become an additional target.  This also means that given the testimony, it is possible that thousands of foreclosure cases could be vacated and reopened in order to vet judicial involvement.  I don’t think you realize the implications this testimony has brought out … yet.

The registration to attend this workshop is still OPEN!  Visit the Clouded Titles website and sign up now to learn strategies on targeting not only the banks’ attorneys but the judges as well!  This workshop is for educational purposes only and is not representative of the corruption that appears to be ongoing in Florida’s foreclosure courts!  After this revelation, it’s no holds barred!  We told you … when it comes to foreclosure … this means war!

The information presented here is viable for all 50 states!

 

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