Monthly Archives: April 2010

From: Guy Fawkes Tuesday, April 27, 2010, Tampa, Florida

The indignity of the Tampa Florida Federal Court House*

Guy Fawkes <>  (This particular Guy Fawkes, author of this article, is a close personal friend who actually does live in Tampa, Florida, but apparently doesn’t go to Federal Court there or anywhere else very often, because he was surprised…. I make this point only to explain/clarify that “” is not now and never was nor is likely ever to be the same person as on the masthead of this website, or the author of the website/bog “Tierra Limpia by Charles Lincoln” or any of the producers, directors, actors, actresses, or supporting staff of the movie “V-for-Vendetta”, a brilliant movie which serves as a very poignant metaphoric simile interpreting and illustrating the truth about 9/11, in the United States, and the first decade of the Third Millenium in the Anglo-American World, generally.”

April 26, 2010 I had the great displeasure of visiting the Federal Court house in down town Tampa Florida. I was asked to drop off some time sensitive legal docs for someone out of the jurisdiction. I was greeted nicely by security personnel outside the building, like the typical sheep I entered and for some reason I decided to surrender my four amendment right not to be unreasonably searched, by passing through a metal detector, providing my photo ID and submitting my wallet to be x-rayed. My belt set off the detector and an overweight African woman asked me to raise my hands, instead I opted to wait for my wallet to come out of the machine before continuing to surrender my right to be left alone by the government. There was no one behind me and it took but 3 seconds to retrieve my wallet, when I was confronted with a hostel tone, “Sir put your arms up arms up”. Quite puzzled by the federal security person demeanor I stood their as she waived her wand and again yelled “put your arms up”, (I did not realize I had to take the full pose of our savior on the cross in order to gain access to the Federal Clerk). Being quit annoyed at the discourteous demeanor I finally replied, “my arms were up but I do not consent to your search I have committed no crime and not given you any probable cause to search me”. At that time this female grabbed the bottom of my shirt and pulled while sticking her wand up my shirt and said, “ If you come into this building you are going to be searched,” I then told this officer “do not touch me, you have no right to touch me, and I do not want you touching me”. At this point both this female officer and a male counter part started to berate me, and told me if I had a problem there is a phone number on the wall. My only response was, this is all unnecessary you people are just rude, you have nothing else to do but be rude. This occurred April 27, 2010 at 9:50am.

When did we all just give in and give up? A favorite quote of mine is “Tyranny only expands to the point of ones resistance”. Probably more appropriate “They who surrender liberty for security deserve neither”. Why do we allow our Government SERVANTS to treat us like sheep with no rights? Why are there no lawsuits to stop the same behavior that was rule illegal when entering a football stadium? If we don’t resist now, when? And when is it too late?

Thought for St. George’s Day (April 23): Slay the Dragons of International Banking!

2010 has 110 Days Down, 255 to go: April 20 in History: 1961 Bay of Pigs Invasion of Cuba Failed; Trial-by-Battle upheld in 1818; Robert E. Lee Resigned U.S. Army 1861; Modern Bob Marley-Inspired? Pot Parties in US; Siege of Boston 1775; Columbine Colorado High School Shootings 1989; Jacques Cartier discovered Canada 1534; Adolf Hitler born in 1889; what if?

Events (all from Wikipedia)—April 20—How did Hitler’s Birthday end up as National Smoke Weed day in the U.S.?  Ah, the mysteries of life.

Historical “What if” of the day: if Virginia hadn’t seceded, Robert E. Lee might have commanded the northern forces against a much reduced Confederate States of America….and Slavery would almost certainly NOT have been abolished anywhere…. and the 1871 Civil Rights Act certainly would never have been enacted….so there never would have been the modern 42 U.S.C. Section 1983 action in vindication of civil rights—yes, the world would have been a very different place….

1303 – The University of Rome La Sapienza is instituted by Pope Boniface VIII.

1453 – The last naval battle in Byzantine history occurs, as three Genoese galleys escorting a Byzantine transport fight their way through the huge Ottoman blockade fleet and into the Golden Horn.

1534Jacques Cartier begins the voyage during which he discovers Canada and Labrador.

1535 – The Sun Dog phenomenon observed over Stockholm and depicted in the famous painting “Vädersolstavlan

1653Oliver Cromwell dissolves the Rump Parliament.

1657Admiral Robert Blake destroys a Spanish silver fleet under heavy fire at Santa Cruz de Tenerife.

1657 – Freedom of religion is granted to the Jews of New Amsterdam (later New York City).

1689 – The former King James II of England, now deposed, lays siege to Derry.

1775American Revolutionary War: the Siege of Boston begins, following the battles at Lexington and Concord.

1792France declares war on Austria, the beginning of French Revolutionary Wars.

1809 – Two Austrian army corps in Bavaria are defeated by a First French Empire army led by Napoleon I of France at the Battle of Abensberg on the second day of a four day campaign which ended in a French victory.

1810 – The Governor of Caracas declares independence from Spain.

1818 – The case of Ashford v Thornton was concluded, with Abraham Thornton allowed to go free rather than face a retrial for murder, after his demand for trial by battle was upheld.

1828René Caillié becomes the first non-Muslim to enter Timbouctou.

1836U.S. Congress passes an act creating the Wisconsin Territory.

1861American Civil War: Robert E. Lee resigns his commission in the United States Army in order to command the forces of the state of Virginia.

1862Louis Pasteur and Claude Bernard complete the first pasteurization tests.

1871 – The Civil Rights Act of 1871 becomes law.

1884Pope Leo XIII publishes the encyclical Humanum Genus.

1902Pierre and Marie Curie refine radium chloride.

1908 – Opening day of competition of the New South Wales Rugby League.

1912 – Opening day for baseball stadiums Tiger Stadium in Detroit, Michigan, and Fenway Park in Boston, Massachusetts.

1914 – Forty-five men, women, and children die in the Ludlow Massacre during a Colorado coal-miner’s strike.

1916 – The Chicago Cubs play their first game at Weeghman Park (currently Wrigley Field), defeating the Cincinnati Reds 7-6 in 11 innings

1918Manfred von Richthofen, aka The Red Baron, shoots down his 79th and 80th victims marking his final victories before his death the following day.

1926Western Electric and Warner Bros. announce Vitaphone, a process to add sound to film.

1939Billie Holiday records the first Civil Rights song “Strange Fruit“.

1945World War II: US troops capture Leipzig, Germany, only to later cede the city to the Soviet Union.

1945 – World War II: Fuehrerbunker: Adolf Hitler makes his last trip to the surface to award Iron Crosses to boy soldiers of the Hitler Youth.

1961 – Failure of the Bay of Pigs Invasion of US-backed troops against Cuba.

1964BBC Two launches with the power cut because of the fire at Battersea Power Station.

1968English politician Enoch Powell makes his controversial Rivers of Blood speech.

1972Apollo 16 landed on the moon commanded by John Young.

1978Korean Air Flight 902 is shot down by Soviets.

1980 – Climax of Berber Spring in Algeria as hundreds of Berber political activists are arrested.

1984 – The Good Friday Massacre, an extremely violent ice hockey playoff game, is played in Montreal, Canada.

1985ATF raid on The Covenant, The Sword, and the Arm of the Lord compound in northern Arkansas.

1986 – Pianist Vladimir Horowitz performs in his native Russia for the first time in 61 years.

1986 – Professional basketball player Michael Jordan sets all-time record for points in an NBA playoff game with 63 against the Boston Celtics.

1998German terrorist group Red Army Faction announces their dissolution after 28 years.

1999Columbine High School massacre: Eric Harris and Dylan Klebold kill 13 people and injure 24 others before committing suicide at Columbine High School in Jefferson County, Colorado.

2007Johnson Space Center Shooting: A man with a handgun barricades himself in NASA‘s Johnson Space Center in Houston, Texas before killing a male hostage and himself.

2008Danica Patrick wins the Indy Japan 300 becoming the first female driver in history to win an Indy car race.



571Muhammad, (traditional date) Prophet and founder of Islam (d. 632)

702Jafar Sadiq, Shi’a Imam and Muslim scholar (d. 765)

1494Johannes Agricola, German Protestant reformer (d. 1566)

1586Saint Rose of Lima, Peruvian saint (d. 1617)

1633Emperor Go-Komyo of Japan (d. 1654)

1646Charles Plumier, French botanist (d. 1704)

1650William Bedloe, English informer (d. 1680)

1668Yuri Troubetzkoy, Governor of Belgorod (d. 1739)

1718David Brainerd, American missionary (d. 1747)

1723Cornelius Harnett, American Continental Congress delegate (d. 1781)

1727Comte de Mercy-Argenteau, Belgian-born Austrian diplomat (d. 1794)

1745Philippe Pinel, French physician (d. 1826)

1808Napoleon III of France, Emperor of the French (d. 1873)

1818Heinrich Göbel, German-born inventor (d. 1893)

1826Dinah Craik, English author (d. 1887)

1850Daniel Chester French, American sculptor (d. 1931)

1851Young Tom Morris, Scottish golfer (d. 1875)

1870Maulvi Abdul Haq, Pakistani scholar (d. 1961)

1871Sydney Chapman, British economist and civil servant (d. 1951)

1879Paul Poiret, French couturier (d. 1944)

1882Holland Smith, U.S. General (d. 1967)

1884Princess Beatrice of Edinburgh and Saxe-Coburg and Gotha (d. 1966)

1889Albert Jean Amateau, Turkish-born businessman and activist (d. 1996)

1889 – Adolf Hitler, German Nazi dictator (d. 1945)

1890Maurice Duplessis, premier of Quebec (d. 1959)

1893Harold Lloyd, American actor (d. 1971)

1893 – Edna Parker, American supercentenarian (d. 2008)

1893 – Joan Miró, Spanish painter (d. 1983)

1895Emile Christian, American musician (d. 1973)

1896Wop May, Canadian aviator (d. 1952)

1896 – Henry de Montherlant, French writer (d. 1972)

1904Bruce Cabot, American actor (d. 1972)

1904 – George Stibitz, American scientist (d. 1995)

1907Francois “Papa Doc” Duvalier, Haitian president (d. 1971)

1908Lionel Hampton, American musician (d. 2002)

1914Betty Lou Gerson, American actress (d. 1999)

1915Joseph Wolpe, South African–born psychotherapist (d. 1997)

1918Edward L. Beach, Jr., American naval officer, author (d. 2002)

1918 – Kai Siegbahn, Swedish physicist, Nobel Prize laureate (d. 2007)

1919Richard Hillary, Australian pilot and author (d. 1943)

1920John Paul Stevens, American jurist

1920 – Ronald Speirs, WWII Veteran (d. 2007)

1921Janine Sutto, French-Canadian actress

1923Mother Angelica, American nun and broadcaster

1923 – Tito Puente, American musician (d. 2000)

1924Leslie Phillips, English actor

1924 – Nina Foch, Dutch-born American actress (d. 2008)

1925Ernie Stautner, German-born American football player (d. 2006)

1927Phil Hill, American race car driver (d. 2008)

1927 – Karl Alexander Müller, Swiss physicist, Nobel Prize laureate

1928Johnny Gavin, Irish footballer (d. 2007)

1928 – Gerald S. Hawkins, English astronomer (d. 2003)

1931John Eccles, 2nd Viscount Eccles, British businessman and peer

1936Pat Roberts, American politician

1937Antonios Kounadis, Greek discus thrower

1937 – George Takei, American actor

1939Peter S. Beagle, American author

1939 – Gro Harlem Brundtland, former Prime Minister of Norway

1939 – Johnny Tillotson, American singer

1941Ryan O’Neal, American actor

1942Arto Paasilinna, Finnish writer

1943John Eliot Gardiner, English conductor

1943 – Edie Sedgwick, American actress (d. 1971)

1945Michael Brandon, American actor

1945 – Steve Spurrier, American football player and coach

1946Julien Poulin, French Canadian actor

1946 – Gordon Smiley, American racecar driver (d. 1982)

1946 – Mel Winkler, American voice actor

1947Björn Skifs, Swedish singer (Blue Swede)

1947 – Ken Scott, English record producer and recording engineer

1947 – Andrew Tobias, American journalist and author

1947 – David Leland, British actor, director and screenwriter

1948Craig Frost, American musician (Grand Funk & Bob Seger)

1948 – Gregory Itzin, American actor

1948 – Rémy Trudel, French Canadian politician

1949Massimo D’Alema, 76th Prime Minister of Italy

1949 – Veronica Cartwright, American actress

1949 – Toller Cranston, Canadian figure skater and artist

1949 – Jessica Lange, American actress

1950Steve Erickson, American novelist

1950 – Aleksandr Lebed, Russian general and politician (d. 2002)

1950 – Chandra Babu Naidu, Indian politician

1951Luther Vandross, American singer (d. 2005)

1952Božidar Maljković, Serbian basketball coach

1953Sebastian Faulks, British novelist

1954Gilles Lupien, French-Canadian ice hockey player

1955Don Pettit, American Astronaut and Inventor

1956Beatrice Ask, Swedish politician

1957Geraint Wyn Davies, Welsh-born Canadian actor

1958Viacheslav Fetisov, Russian ice hockey player

1959Clint Howard, American actor

1961Don Mattingly, American baseball player

1961 – Konstantin Lavronenko, Russian actor

1961 – Barry Smolin, American radio host, writer, and musician

1961Ralph Cirella, American radio personality

1962Henry Joseph Nasiff Jr. (AKA: Hank the Angry Drunken Dwarf), American radio personality (d. 2001)

1963Maurício Gugelmin, Brazilian racing driver

1963 – Aubrey de Grey, British biomedical gerontologist

1964Crispin Glover, American actor

1964 – Andy Serkis, English actor

1964 – Rosalynn Sumners, American figure skater

1965Kostas Hatzidakis, Greek politician

1965 – Adrian Fernández, Mexican racing driver

1965 – April March, American musician

1966David Chalmers, Australian philosopher

1967Raymond van Barneveld, Dutch darts player

1967 – Mike Portnoy, American drummer (Dream Theater)

1967 – Lara Jill Miller, American actress

1968J. D. Roth, American game show host and television personality

1970Shemar Moore, American actor

1970 – Adriano Moraes, Brazilian rodeo performer

1971Tina Cousins, English singer

1971 – Carla Geurts, Dutch swimmer

1971 – Allan Houston, American basketball player

1972Carmen Electra, American actress

1972 – Le Huynh Đuc, Vietnamese footballer

1972 – Željko Joksimović, Serbian singer, songwriter and producer

1972 – Stephen Marley, Jamaican musician

1973Geoff Lloyd, British radio presenter

1976Shay Given, Irish footballer

1976 – Joey Lawrence, American actor

1976 – Chris Mason, Canadian ice hockey goaltender

1977Johnny “The Bull” Stamboli, professional wrestler

1978Mirei Kuroda, Japanese gravure idol

1979Quinn Weng, Taiwanese singer (Seraphim)

1979Nathan Marquardt, American Mixed Martial Artist

1980Jasmin Wagner, German singer

1980 – Chris Duffy, American baseball player

1981Matus Valent, male fitness model

1983Danny Granger, American basketball player

1983 – Terrence J, American television host

1983 – Joanne King, Irish/English Actress

1983 – Miranda Kerr, Australian supermodel

1984Tyson Griffin, American mixed martial artist

1985Greg Lutzka, American Skateboarder

1986Cameron Duncan, New Zealand director (d. 2003)

1987John Patrick Amedori, American actor



1176Richard de Clare, 2nd Earl of Pembroke, English soldier (b. 1130)

1314Pope Clement V (b. 1264)

1521Zhengde, Emperor of China (b. 1491)

1534Elizabeth Barton, English nun (executed)

1558Johannes Bugenhagen, German reformer (b. 1485)

1643Christoph Demantius, German composer (b. 1567)

1703Lancelot Addison, English royal chaplain (b. 1632)

1765Abigail Williams, American accuser in the Salem witch trials (b. 1674)

1769Pontiac, Chief of the Ottawa

1831John Abernethy, English surgeon (b. 1764)

1873William Tite, English architect (b. 1798)

1874Alexander H. Bailey, American politician (b. 1817)

1887Muhammad Sharif Pasha, Egyptian statesman (b. 1826)

1899Joseph Wolf, German artist (b. 1820)

1912Bram Stoker, Irish author (b. 1847)

1918Karl Ferdinand Braun, German physicist, Nobel Prize laureate (b. 1850)

1929Prince Albert Wilhelm Heinrich of Prussia (b. 1862)

1932Giuseppe Peano, Italian mathematician (b. 1858)

1945Erwin Bumke, German jurist (b. 1874)

1947 – King Christian X of Denmark (b. 1870)

1951Ivanoe Bonomi, Prime Minister of Italy (b. 1873)

1964Eddie Dyer, American baseball player (b. 1899)

1977Sepp Herberger, German football coach (b. 1897)

1982Archibald MacLeish, American poet and Librarian of Congress (b. 1892)

1984Hristo Prodanov, Bulgarian mountaineer (b. 1943)

1986Sibte Hassan, Pakistani activist, journalist and writer (b. 1916)

1989Doru Davidovici, Romanian writer and fighter pilot (b. 1945)

1991Steve Marriott, British singer and songwriter (Humble Pie) (b. 1947)

1991 – Don Siegel, American film director (b. 1912)

1993Cantinflas, Mexican comedian and actor (b. 1911)

1994Jean Carmet, French actor (b. 1920)

1996Christopher Robin Milne, son of A.A. Milne (b. 1920)

1999Rick Rude, American professional wrestler (b. 1958)

1999 – Señor Wences, Spanish ventriloquist and comedian (b. 1896)

1999 – Eric David Harris, perpetrator of the Columbine High massacre (b. 1981)

1999 – Dylan Klebold, perpetrator of the Columbine High massacre (b. 1981)

1999 – Cassie Bernall, Columbine High School massacre victim (b. 1981)

1999 – Rachel Joy Scott, Columbine High School massacre victim (b. 1981)

2001Giuseppe Sinopoli, Italian conductor and composer (b. 1946)

2002Alan Dale, American singer (b. 1925)

2003Ruth Hale, American playwright and actress (b. 1908)

2003 – Daijiro Kato, Japanese motorcycle racer (b. 1976)

2003 – Bernard Katz, German-born biophysicist, recipient of the Nobel Prize in Physiology or Medicine (b. 1911)

2005Fumio Niwa, Japanese novelist (b. 1904)

2005 – Zygfryd Blaut, Polish football player (b. 1943)

2006Anna Svidersky (b. 1988)

2007Andrew Hill, American jazz composer and pianist (b. 1931)

2007 – Michael Fu Tieshan, Chinese bishop (b. 1931).

2007 – Fred Fish, a computer programmer on the GNU Debugger and “Fish disks” (b. 1952)

2008VL Mike, American rapper (b. 1976)

2008 – Monica Lovinescu, Romanian essayist, literary critic and journalist (b. 1923)

2009Beata Asimakopoulou, Greek actress (b. 1932)


Holidays and observances

4/20, a counterculture holiday, where people gather to celebrate and consume cannabis.

Christian Feast Day

Agnes of Montepulciano

Blessed Oda of Brabant


L. Ron Hubbard Exhibition Day (Church of Scientology)

Ridván begins at sunset (Bahá’í Faith)

Rethinking the American Dream (CNN): is renting government owned foreclosed property the real future?

The bailout will permit the government sponsored gang of “Banksters” to keep control of all foreclosed property and rent it out to “we the people.”  Obamacare will provide mandatory health insurance, and if you don’t buy it, they will insure you go to jail.

So here, in brief summary, is the new America: (1) we rent and do not own our living places, (2) the government will provide food, shelter, and medicine from cradle to grave, (3) you can go to jail if you do not agree to participate in governmentally socialized medicine, (4) you must carry “real ID” at all times to move around the country and to prove your welfare compliance and the exact address your current government-sponsored housing, (5) you will not be allowed to own guns or express yourself in any way, shape, or form without governmental scrutiny.  Is this Freedom? God Bless America!

Renting: The new American dream?

By Paul R. La Monica, editor at large,

Apr 15th, 2010

NEW YORK ( — The American dream of home ownership has turned out to be the American nightmare for those who could never really afford a home in the first place.

Many borrowers are now in deep trouble as home prices have plummeted and the payments on bubble-era adjustable rate mortgages have shot up. Foreclosures are still continuing at an alarming pace.
rent or buy?

If the so-called Great Recession has taught us anything, it’s that buying a house is not a divine right. It’s a privilege to be earned only after you’ve saved up a nice chunk of cash for a down payment and are in a healthy enough financial position to keep making those monthly mortgage payments.


So for many consumers, renting is not necessarily the worst thing in the world. That’s worth keeping in mind now that some experts think home prices are close to bottoming and fixed mortgage rates are still fairly low.

Sure, we’ve all been taught that buying real estate is the smartest thing you can do in order to build wealth. That’s probably still true for the long haul.

But like with any investment, you should only make a purchase if you can afford the near-term hit that comes from doling out all that money now. Plus, you have to be able to stomach the possibility that the value of the house may actually fall over a short period.

And guess what? It seems many people are in fact coming to the realization that, for now at least, it makes more sense to rent instead of buy.

Jerry Davis, senior vice president of property operations for UDR (UDR), a Denver-basedreal estate investment trust (REIT) that owns and manages apartments, said that before the housing market collapsed, about 25% of the company’s renters that moved out of apartments did so because they were buying a home.

Now, only about 12% are moving out to purchase a home, and in some of the harder hit real estate markets, such as California, Davis said that fewer than 10% of movers are buying a house of their own.

“Even though prices have come down, you’re not seeing a big exodus of renters to buy homes,” Davis said. “Buying a house used to be the way to get rich, but people are afraid to jump back in.”

In addition, banks also appear to have learned lessons from the housing crash. Many remain reluctant to give mortgages to even the most credit-worthy consumers.

“It was Shakespeare who wrote that when home prices are declining, neither a borrower nor a lender be,” joked Edward Leamer, chief economist for the Ceridian-UCLA Pulse of Commerce Index and professor at UCLA’s Anderson School of Management.

Simply put, many consumers just aren’t buying the notion that the economy is getting better. For many, the stock market rally does not make their daily lives any easier. Consumers are more interested in the job market improving than the Dow or S&P 500 hitting highs.

“This is a frugal recovery. People are more reluctant to buy homes as they would in a normal recovery,” Leamer said. “If you don’t have a job or are worrying about your job, you’re not going to buy a home. That’s the ultimate statement of optimism about the future.”

Add that up and it’s reasonable to expect a rental boom that could last for some time. That’s not lost on Wall Street. Shares of UDR, for example, are up 20% this year.

Other apartment REITs have also surged this year and an analyst at RBC Capital Markets upgraded UDR, BRE Properties (BRE), Camden Properties Trust (CPT) and Apartment Investment and Management (AIV) last week, citing their growth potential.

Thomas Toomey, CEO of UDR, said that favorable demographics will also probably drive more people to rent than buy. He pointed to the increasing number of retiring Baby Boomers who may look to downgrade from bigger houses to apartments.

He also said that record-high college enrollment levels are a boon for UDR and other apartment owners. Most recent college graduates, particularly those finding work in cities, are not in a position to buy a home.

Toomey added that cities are also interested in building more apartments closer to where people work for environmental reasons.

“So if you look toward the future, it’s not just demographics and people making a conscious decision of whether they can afford a home that will lead to more renters. Cities want more apartments for younger and older generations,” he said.

Of course, that’s exactly what you’d expect the head of a company that owns apartments to say. But I also agree with him. And I’m curious to hear what you think.


If you have been served with a Foreclosure Suit in Florida that

does NOT comply with 1.110(b), you should immediately file a

Motion to Dismiss. Quote Rule 1.110(b) in your motion! This

information was current as of 12:31 PM on April 16, 2010.  We have

received information that the major foreclosure-mill law-firms in

Florida are ignoring this new rule wholesale, statewide.  Rule 1.110

(b) is attached here:



Will Florida be infected and destroyed by the cancer of non-judicial foreclosure?

My Gratitude to Deborah Focht of Sarasota for providing this important information.  Deborah (aka “American Reply”) is another one of Florida’s Great Lady Warriors who fight against creeping Socialist dictatorship in America.  And let there be no doubt, although the state of California has the worst laws on non-judicial foreclosure, non-judicial foreclosure EVERYWHERE is unconstitutional (1) as an impairment of the rights of contract for existing contracts, (2) an abridgment of the common law freedom of contract on which this nation was founded and flourished for about 150-190 years (any relic traces of real economic freedom pretty much ended, for the economy as a whole, about during the middle of the Johnson Administration at the absolute latest), (3) a legislatively engineered taking of property for public purposes (those purposes being the maximization of governmental power against the citizen, and the diminution of individual freedom and stability to maintain and reserve power against the state) without due process of law, (4) a complete abrogation of the Ninth Amendment to the Constitution, as well as the key to universal corporate-governmental co-ownership of property.  It is because of non-judicial foreclosure that I decided to enter politics (too late, too disorganized, and too underfunded to accomplish much in 2010, most probably, but I consider my present WRITE-IN CANDIDACY against Barbara Boxer as just the first step in running against Feinstein in 2012—-and I will have a much better organization by then).
Freitag, den 9. April 2010, 20:46:07 UhrHomeowner Relief & Housing Recovery Act HB 1523 – STOP the Madnes!!!! bill has been substituted by a far worse version than the original
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HB 1523 – Homeowner Relief & Housing Recovery Act – STOP the Madness of Nonjudicial Foreclosure

Published April 9, 2010 CorruptionFannie MaeForeclosure FraudMERSMortgage Fraudbankruptcycdocdsforeclosurefreddie macmortgage electronic registration systemsecurities fraudLeave a Comment
Tags: 4closurefraudAdam M. FettermanAudrey Gibsonbank fraudCarl J. DominoCivil Justice & Courts Policy CommitteeconspiracycriminalDoug HolderEduardo “Eddy” GonzalezEric Eisnaugle,Florida Bankers AssociationforeclosureForeclosure Fraudhb 1523hb1523Homeowner Relief & Housing Recovery ActJames W. “Jim” WaldmanJr.Julio RobainaKevin C. AmblerLuis R. Garcia,Michael B. “Mike” WeinsteinnonjudicialPerry E. Thurstonproduce the noteRobert C. “Rob” SchenckSandra “Sandy” AdamsTom GradyWilliam D. Snyderwrongful foreclosure


The bill has been substituted by a far worse version than the original. It is being voted on by the Civil Justice & Courts Policy Committee on Monday April 12, 2010


The Florida Bankers Association, like a coven of evil banking wizardshopes to commit an act of sorcery by conjuring up three letters “NON” to be placed in front of the word “Judicial” in Regards to Florida’s Foreclosure Process.

In this bill they propose changing the Florida law which currently requires foreclosures to be adjudicated through the courts to a new law which would allow foreclosures to bypass the judicial system altogether to become a NON Judicial foreclosure state.

Why? Perhaps the gravy train has foreseen a few obstacles on the track ahead (legally strong foreclosure defenses, educated judges, wiser populace, state mandated mediation requirements). These Florida Bankers may be trying to ease their way on the path of least resistance to confiscate more homes and more wealth from both the homeowners and the investors who funded these loans.

Or could it be the Florida Supreme Courts new Rules?

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suitsbrought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.


Regardless of the statements above, this bill could be devastating to the millions of Floridians facing foreclosures caused bybanks selling loans connived to a well planned default, bundling the bad debt, and betting against it to ensure a win for the banks and foreclosure for homeowners.

As it stands now, these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by the judiciary system even after they were sanctioned by Judge Olson for these same issues. If this is how foreclosures are rammed throughwhen we have a glimmer of hope of judicial protection, imagine the steamroller effect which will potentially ensue if this bill is passed, the flood gates thrown open, and the judicial dike washed away.

So we ask the following, shall Florida:

  • Join the 37 states which allow non-judicial foreclosures to proceed without any protections whatsoever for the homeowner?
  • Allow the Bankers to smother the judicial branch as they have the executive and legislative branches?
  • Disrespect the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in foreclosure?
  • Ignore the contagion of Stockholm Syndrome that has infected most of our local, state, and national politician sycophants who bow with obeisance as the bankers confiscate millions of constituents’ homes?
  • Cost shift the $1,900 foreclosure lawsuit filing fee from the foreclosing entity to the financially stressed, perhaps newly unemployed Floridian family trying to defend their home?
  • Transfer the burden of proof in a foreclosure action from the foreclosing bank which has great difficulty producing authentic, genuine evidence showing its right to foreclose, to the homeowner who has subsistence survival worries?
  • Banish pro se litigants and clients of foreclosure defense attorneys from the halls of justice, allowing entry to only those who have the funds to pay the “cover charge”?
  • Allow to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property titles?
  • Trust as altruistic the professed motives of the same bankers who charge egregious credit card interest rates, overdraft and late fees, place holds on deposits, and reward themselves with billions in bonuses while crushing their customers under the weight of usurious loans?
  • Eradicate the right of due process granted by the U.S. Constitution:
    • Right to a fair and public trial conducted in a competent manner
    • Right to be present at the trial
    • Right to an impartial jury
    • Right to be heard in one’s own defense

The Bankers have taken our jobs, our savings, our 401Ks, our education funds, our public safety nets, the equity in our property, our municipality revenue source, our access to credit, and our credit scores. Florida being a deficiency state, we may lose our home to foreclosure and end up with a garnished paycheck for the deficiency.  Second mortgage holders are freezing bank accounts to get their piece of the action. Now that we have almost nothing left, will we also abdicate to these Florida Bankers our Constitutional rights?

GENERAL BILL by Insurance, Business & Financial Affairs Policy Committee and Civil Justice & Courts Policy Committee and Grady (CO-SPONSORS) Domino; Eisnaugle; O’Toole

Homeowner Relief: Creates “Homeowner Relief & Housing Recovery Act”; provides general provisions for nonjudicial foreclosures; provides criteria for notice & knowledge; provides for transactions creating security interest; provides for time of foreclosure; provides procedures, requirements, & limitations before foreclosure; specifies right to foreclose; requires notice of default; provides right to cure; provides requirements for notice of foreclosure; provides for meeting & meeting requirements to object to foreclosure; provides period of limitation for foreclosure; provides for judicial supervision of foreclosure; provides for right to redeem collateral; provides authority, requirements, procedures, & limitations on foreclosures by auction, negotiated sale, & appraisal; provides for rights after foreclosure; provides for application of proceeds, transfer of title, actions for damages or to set aside foreclosure, possession after foreclosure, judgments for deficiencies, & determinations of amounts of deficiency; provides for effect of good faith by debtor; provides authority, requirements, procedures, & limitations on discontinuation of foreclosure; provides for uniformity of application & construction; specifies relation to Electronic Signatures in Global & National Commerce Act.

Effective Date: July 1, 2010

Substitiuded bill

Committee Substitute 2

Start Date and Time : Monday, April 12, 2010 1:00 PM

End Date and Time : Monday, April 12, 2010 3:15 PM
Location : 404 HOB
Duration : 2.25

Members of the  Civil Justice & Courts Policy Committee that will be voting on this bill are listed here along with their email address and phone numbers.

Call them all then click the links and email each and every one of them



and tell them to vote NO on HB 1523

Representative William D. Snyder
District 82
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Biographical Information

City of Residence:
Career Law Enforcement, Retired
David, John, Laura
Miami-Dade Community College, A.A., Criminal Justice, 1976; FBI Academy, University of Virginia, 1999; Florida Gulf Coast University
September 6, 1952, New York City, NY
Moved to Florida:
Religious Affiliation:
Representative Doug Holder
District 70
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Biographical Information

City of Residence:
Real Estate Broker
Shannon Holder
Channing, Chase
Middle Tennessee State University, B.S., Political Science, 1990, Former Student Body President, President of Associated Student Body
December 7, 1966, Marietta, GA
Moved to Florida:
Religious Affiliation:
Recreational Interest:
cooking, family, golf, hunting, music, skiing, tennis, travel
Representative Adam M. Fetterman
District 81
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Biographical Information

City of Residence:
Port St. Lucie
Attorney/General Counsel
Mindi J. Fetterman, of Arlington Heights, Illinois
Noah Louis Fetterman
Brandeis University, B.A., Anthropology, 1988-1992; Phi Kappa Psi Fraternity, Lacrosse Club; University of Miami School of Law, J.D., 1995-1998; Editor-in-Chief, University of Miami Business Law Journal; National Mock Trial Team
October 16, 1970, New Rochelle, NY
Moved to Florida:
Religious Affiliation:
Recreational Interest:
camping, canoeing, cycling, surfing
Representative Sandra ”Sandy” Adams
District 33
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Biographical Information

City of Residence:
Law Enforcement
John H. Adams, Sr., of Waukegan, Illinois
John Jr., Sonya, Kathryn
Columbia College, B.A., Criminal Justice Administration, 2000
December 14, 1956, Wyandotte, MI
United States Air Force
Moved to Florida:
Religious Affiliation:
Recreational Interest:
Representative Kevin C. Ambler
District 47
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Biographical Information

City of Residence:
Mindy Hanopole, of New Jersey
Jason, Jami
Cornell University, B.A., 1983, Cornell Interfraternity Council, Judicial Administrator, AFROTC, Phi Alpha Omega Fraternity, President; Southwestern University School of Law, J.D., 1986, Moot Court Honors Board of Advisors
March 10, 1961, Los Angeles, CA
U.S. Air Force Reserve, Major, 1991-2005; U.S. Air Force 1986-1991; U.S. Air Force Reserve, Outstanding Judge Advocate of the Year 1991
Recreational Interest:
sailing, skiing, tennis, travel
Representative Carl J. Domino
District 83

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Biographical Information

City of Residence:
Investment Manager
Sharon Domino, of Miami
Mason Carl, Reagan Deeann
Florida State University, B.S., Accounting, 1966, Student government, Dean’s List, intramural sports, elected to Gold Key and Omicron Delta Kappa; Harvard Business School, M.B.A., 1972, Finance Club, First Year Honors
April 15, 1944, Quantico, VA
Moved to Florida:
Religious Affiliation:
Recreational Interest:
golf, reading, spectator sports, tennis
Representative Eric Eisnaugle
District 40

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Biographical Information

City of Residence:
Carrie Eisnaugle, of Minnesota
Florida Southern College, B.S., 1996-2000; Vanderbilt University Law School, J.D., 2000-2003
February 6, 1977, Arcadia, FL
Religious Affiliation:
Representative Luis R. Garcia, Jr.
District 107

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Biographical Information

City of Residence:
Miami Beach
Retired Miami Beach Fire Chief
Luis Rene, Jorge Luis, Alejandro Luis
Nicolas Luis, Tomas Alexander
National Fire Academy, Executive Fire Officer, 1997; Miami-Dade Community College, A.S., EMS Management, 1990; Paramedic Certification, 1977; Emergency Medical Technician, 1974
December 8, 1945, Marianao, Cuba
Moved to Florida:
Religious Affiliation:
Recreational Interest:
history, sports
Representative Audrey Gibson
District 15

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Biographical Information

City of Residence:
Public Relations and Legal Liaison
Florida Community College, A.A., 1976; Florida State University, B.S., Criminology, 1978
March 15
Religious Affiliation:
Recreational Interest:
formula racing, horseback riding, music, sporting events (football, basketball), theatre, weight training
Representative Eduardo ”Eddy” Gonzalez
District 102

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Biographical Information

City of Residence:
CAC Florida Medical Center; Business Development Leader
Barbara “Barbie” Gonzalez, of Hialeah
Evan Mathew, Ethan Angel, Sianna Nicole
Miami-Dade College, Business Management and Administration, 1992
November 9, 1969, Cardenas, Matanzas, Cuba
Moved to Florida:
Religious Affiliation:
Roman Catholic
Recreational Interest:
boating, football, softball, swimmin
Representative Tom Grady
District 76

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Biographical Information

City of Residence:
Ann Grady, of Gainesville, Florida
Lauren, Ryan
Florida State University, B.S., Finance, summa cum laude, 1979; Alpha Lambda Delta Honor Society, Beta Gamma Sigma Honor Society, Phi Kappa Phi Honor Society, Editor of College Republican newsletter; Duke University, Juris Doctor with distinction, 1982
May 14, 1958, Fairview Park, OH
Legislative Page for the House, 1972; House Intern, 1978-1979; R.W. “Mac” Grady, father, Rockledge City Council, 1962-1965, Mayor of Rockledge, 1966-1976
Moved to Florida:
Religious Affiliation:
Recreational Interest:
boating, cars, reading, SCUBA, skiing
Representative Julio Robaina
District 117

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Biographical Information

City of Residence:
AT&T Employee
Miami-Dade Community College, A.A., 1983
September 1, 1961, Miami, FL
Religious Affiliation:
Recreational Interest:
camping, fishing, hunting, mountain biking, SCUBA diving
Representative Robert C.  ”Rob” Schenck
District 44

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Biographical Information

City of Residence:
Spring Hill
Megan Schenck, of Muncie, IN
Micheal, Isabella
Pasco-Hernando Community College, A.A., 1995; University of Central Florida, B.S., 1998
July 8, 1975, Somerville, NJ
Moved to Florida:
Religious Affiliation:
Representative Perry E. Thurston, Jr.
District 93

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Biographical Information

City of Residence:
Dawn Board, of Cleveland, Ohio
Alison Thurston, Perry E. Thurston III
Morehouse College, B.A., Finance, 1982; University of Miami, J.D., 1987
January 30, 1961, Pompano, FL
Religious Affiliation:
Recreational Interest:
basketball, football, tennis
Representative James  W.  ”Jim” Waldman
District 95

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Biographical Information

City of Residence:
Coconut Creek
Attorney; General Counsel, Keiser University
Jacquelyn, Steven
University of Connecticut, transferred, 1978; University of Florida, B.S.B.A., Finance, 1980; Nova University Law School, J.D., 1985
March 21, 1958, Washington, DC
Moved to Florida:
Religious Affiliation:
Recreational Interest:
golf, scuba diving, skiin
Representative Michael B. ”Mike” Weinstein
District 19

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Biographical Information

City of Residence:
Sara Weinstein, of Florham Park, New Jersey
Scott, Daryl, Danielle
Logan, Stryder, Mills
Hartwick College, New York, B.A., Political Science, basketball and baseball teams; California State University, Long Beach, M.S., Criminal Justice Administration; Florida State University, A.B.D., Criminology; University of Florida, J.D.
February 6, 1949, Livingston, NJ
Moved to Florida:
Religious Affiliation:
Recreational Interest:
boxing, golf, physical training, working out

Election season is coming up.   We are watching.

Together, we have the power of our collective voices and votes. The Bankers have thrown down the gauntlet. Let’s accept their declaration of war and fight back.

Again, enough is enough.

Contact your representatives today…