Tag Archives: mortgage backed equities

DEO VINDICE—AS OF JANUARY 19, 2009, PINELLAS COUNTY, FLORIDA, WILL REQUIRE ALL INSTITUTIONAL PLAINTIFFS IN FORECLOSURES TO FILE THE ORIGINAL PROMISSORY NOTE WITH THE COURT!

 

 

THE MOTTO OF THE CONFEDERATE STATES OF AMERICA WAS “DEO VINDICE”
=BY GOD VINDICATED—THE “VINDICATIO” WAS A ROMAN LEGAL CAUSE OF ACTION JUSTIFYING OWNERSHIP OF LAND AND THE INSTRUMENTS OF AGRICULTURAL PRODUCTION, also known as “RES MANCIPI”—I now feel somewhat PERSONALLY VINDICATED, given as I have been one of the few people in the Country who realised that
as of August 18, 2005, Pinellas County was GROUND ZERO for the “ORIGINAL NOTE”(holder-in-due course, privity of contract) theory of MORTGAGE FORECLOSURES, by this ADMINISTRATIVE ORDER OF THE SIXTH JUDICIAL CIRCUIT IN PINELLAS COUNTY—ALL NEW FORECLOSURE SUITS IN JUDGE WALT LOGAN’S OLD DISTRICT
MUST NOW INCLUDE THE ORIGINAL PROMISSORY NOTE!  THIS IS A VICTORY FOR THE COMMON LAW OVER PROFITABLE CORPORATE COMMERCIAL PRACTICE—THIS IS A VICTORY OF JUSTICE AND COMMON SENSE OVER DECEIPT—THIS IS A MAJOR
VICTORY WHICH SHOULD BE COPIED ALL OVER THE UNITED STATES AND I AM PROUD TO HAVE BEEN ONE OF THE ADVOCATES OF THIS POSITION FOR MANY YEARS “

DEO VINDICE”


http://www.jud6.org/LegalCommunity/LegalPractice/

AOSAndRules/aos/aos2008/2008-081.htm


IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2008-081 PA/PI-CIR

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RE:     MORTGAGE FORECLOSURE ACTIONS BY INSTITUTIONAL LENDERS

           

            Mortgage foreclosure cases have increased at an unprecedented rate in the Sixth Judicial Circuit.  In the Sixth Judicial Circuit in the last year alone, mortgage foreclosure case filings increased approximately 118%.  Frequently, attorneys who handle a large volume of mortgage foreclosure cases do not have their pleadings in order or fail to appear at scheduled hearings, causing the court to reschedule or delay hearings in mortgage foreclosure cases.  The volume of the cases and the resetting of these hearings results in difficulties scheduling these summary proceedings.  In light of the court’s finite resources, it is necessary to establish procedures for more efficient handling of mortgage foreclosure cases. 

 

            Pursuant to Rule of Judicial Administration 2.215, the Chief Judge has the authority to adopt administrative orders necessary to administer the court’s affairs.  Therefore, it is

 

ORDERED:

 

            1.   Filing of Initial Mortgage Foreclosure Complaint:  An institutional mortgagee lender that after January 19, 2009, files a complaint to foreclose a mortgage on homestead property must provide the following to the Clerk of Circuit Court with the initial filing:

 

            a.    A Notice to Homeowner, a copy of which is attached to this Administrative Order as Attachment A.

            b.   A Plaintiff/Lender’s Contact Information Sheet, a copy of which is attached to this Administrative Order as Attachment B.

 

Homestead property is property designated as “homestead” by the property appraiser’s office on the date of filing the complaint.  The plaintiff must include the Notice to Homeowner and Plaintiff/Lender’s Contact Information Sheet with each summons serving a complaint on the owner of residential homestead property.

 

            2.   Certificate Filed Prior to Requesting Summary Judgment Hearing Dates:  Prior to requesting a mortgage foreclosure summary judgment hearing date from the court, the attorney of record for the plaintiff must file a uniform certificate titled “Certification of Compliance with Foreclosure Procedures” with the Clerk.  The uniform certificate is 
Attachment C to this Administrative Order.  The uniform certificate provides the attorney’s certification of the completion of requisite actions and the dates on which they were completed.

 

            3.   Foreclosure Judgment Packet Prior to Hearing:  Unless the presiding judge provides otherwise, the plaintiff’s attorney must deliver a foreclosure judgment packet to the presiding judge’s office at least five (5) business days prior to the scheduled hearing date for a motion for summary judgment.  The foreclosure judgment packet consists of the following documents:

a.    Proposed Uniform Final Judgment.  Include sufficient copies for conforming and stamped, addressed envelopes for all parties;

b.   Original Promissory Note (unless previously filed);

c.    Notice of Sale;

d.   A copy of the Certification of Compliance with Foreclosure Procedures; and

e.    A copy of the Notice of Hearing.

 

            4.    Uniform Final Judgment:  All proposed final judgments of foreclosure shall be in the format of the Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit as provided in Attachment D unless otherwise specifically approved by the judge entering the final judgment.  Any changes to the Uniform Final Judgment of Foreclosure from that prescribed in Attachment D shall be brought to the attention of the presiding judge at the final judgment hearing.

 

            5.    Cancellation of Foreclosure Sale by Clerk upon Suggestion of Bankruptcy:  If the Clerk of Circuit Court receives, prior to the commencement of a foreclosure sale, a mailed or faxed suggestion of bankruptcy on behalf of a named defendant in a pending foreclosure action, the Clerk is directed to cancel the foreclosure sale.  The Clerk shall not cancel the sale if subsequently directed otherwise by the presiding judge or a United States Bankruptcy Judge.  The plaintiff is responsible to separately file with the Clerk any order from a United States Bankruptcy Judge that would preclude the Clerk from canceling a foreclosure sale; such filing must not be an attachment or exhibit.

 

            6.    Additional Procedures:  The judicial practice preferences of each judge, which may contain a judge’s individualized procedures for mortgage foreclosure cases, may be found on the Circuit’s Internet site at http://www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.  The Chief Judge may update or make other amendments to the attachments of this Administrative Order without further amendment to this Administrative Order.

 

            7.    Application:  This Administrative Order applies to all mortgage foreclosure actions by institutional lenders except that paragraph one only applies to homestead property.

 

            8.    Effective Dates:  All mortgage foreclosure complaints filed after January 19, 2009, and all mortgage foreclosure summary judgment hearings scheduled to occur after January 19, 2009, must comply with this Administrative Order.    

 

            A plaintiff, who as of the date of this Administrative Order, has filed a mortgage foreclosure complaint and already has a foreclosure summary judgment hearing scheduled to occur after January 19, 2009, may keep the scheduled date and time.  However, the plaintiff’s attorney must file the Foreclosure Judgment Package, as prescribed in paragraph 3 of this Administrative Order, including the “Certification of Compliance with Foreclosure Procedures” with the Clerk of Circuit Court at least five (5) business days prior to the scheduled hearing date.  The presiding judge may cancel a schedule hearing that does not have the Foreclosure Judgment Package filed by that day. 

 

            A plaintiff, who as of the date of this Administrative Order, has filed a mortgage foreclosure complaint and has yet to schedule a foreclosure summary judgment hearing, must comply with paragraph 2 of this Administrative Order and file a “Certification of Compliance with Foreclosure Procedures” prior to requesting a hearing date.  Additionally, the plaintiff must file the Foreclosure Judgment Package, as prescribed in paragraph 3 of this Administrative Order, with the Clerk of Circuit Court at least five (5) business days prior to the scheduled hearing date.

 

            A plaintiff who files a mortgage foreclosure complaint after January 19, 2009, must comply with all requirements of this Administrative Order.

                         

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of December 2008.

 

 

 

_____________________________

Robert J. Morris, Jr., Chief Judge

 

Attachment:   

(A) Notice to Homeowner (html)
(A) Notice to Homeowner (word version)
(B) Plaintiff/Lender’s Contact Information Sheet (html)
(B) Plaintiff/Lender’s Contact Information Sheet (word version)
(C) Certification of Compliance with Foreclosure Procedures (html)
(C) Certification of Compliance with Foreclosure Procedures (word version)
(D) Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit (html)
(D) Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit (word version)

 

                    

                    

                      

 

 

cc:        All Judges

            The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

            Paula O’Neil, Chief Deputy, Pasco County Clerk’s Office

            Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

            Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Gay L. Inskeep, Trial Courts Administrator

            Bar Associations, Pasco and Pinellas County

            Law Libraries, Pasco and Pinellas County

   

State Control over the Economy, Part I: JPMorganChase & Washington Mutual

Attention today (Monday September 29, 2008) has been focused on the House of Representatives in Washington, D.C., which made a “show vote” against “socialism” and government bailout of the financial industry.  Yet everyone over the age of 6 knows that today was just partisan showmanship, and that Congress will rescue the starving billionaires and “small timers” (i.e. mere millionaires) on Wall Street as surely as they will vote themselves a pay raise sometime in the next few years and create more exemptions for fraud or acts of oppression committed by government officials.  No one in the Republican leadership or the 94 Democrats who joined them in voting down the Republican President’s bill admitted that it is GEORGE W. BUSH’S America, the nightmare of corporate welfare and immunity for financial sleight of hand artists, largely envisioned by Daddy George H.W. and implemented by and under William Jefferson Clinton, which is collapsing.  Populism will blame Wall Street, but it was Bill Clinton’s repeal of the Glass-Steagal Act in 1999 and all the concommitant removal other “brakes” places on the rampage of international bankers on cocaine which has led to the current meltdown.  Why is it that we are amazed at the puppet theatre played out in Congress today?  The members on both sides of the aisle are actually clamouring for yet MORE government intervention because we have repeatedly voted for the worst of the worst of both Republicrat and Democan Parties over the past two decades.  The Republican leadership made it pretty clear that the ONLY reason Bill 3997 failed today was because Nancy Pelosi opened her mouth and said a few semi-rational and coherent things about the effects of deregulation and greed on the collapse of the most insane paper-money manufacturing scheme (securitized mortgages) in the history of the world.  But until SECURITIZED MORTGAGES ARE EITHER ABOLISHED or fully regulated like ALL OTHER SECURITIES in this country, the exponentially increasing risks will continue to pile up. 

As of the present moment, I think that insufficient attention has been played to the government’s intervention in the collapse of Washington Mutual.  Late Thursday night, an incredible thing happened: Washington Mutual made known to the government that it was on the verge of collapse, and OVERNIGHT the government brokered a takeover of Washington Mutual whereby 100% (or something very close) to the government insured deposits, loans, credit card accounts, and other “assets” of Washington Mutual were transferred to JPMorganChase while 100% (or something very close) of the corporate liabilities (i.e. equity shares and bonds, implying UNSECURED obligations of the bank) were declared WORTHLESS. $1.8 BILLION in financial manipulation OVERNIGHT. 

Where is the “wall of separation between government and the private sector these days?”  Since when, in a non-Communist, non-Fascistic economy, can the government in effect order a merger of two major businesses without shareholder consent or litigation of any kind?  This is called a “Command and Control” or “Fiat” economy.  Nothing of this level of dictatorial efficiency was ever achieved or implemented in Nazi Germany, the U.S.S.R., or anywhere else to the best of my knowledge.  The Kings of England up through William of Orange, Adolph Hitler, Joseph Stalin, and Mao Tse-Tung all had more constituencies with whom to contend and negotiate than the financial authorities who merged these two gigantic banks—which happen to be the greatest single offenders in the whole securitized “mortgage backed equity/collateral backed obligation” debacle.  The lack of discussion or any widespread dissemination of information regarding the details or the mechanisms of the Washington Mutual/JP Morgan Chase “overnight shotgun marriage” last week was just a prelude to the “show trial” in Congress today, where amateur actors tried to pretend that Congressional approval of the bailout is all but pro forma. 

The Great Leader GWB will, within a few days, achieve the complete reimbursement of his buddies in high finance if he has to do so by (hush-hush) executive orders—I have no doubt of that.  What I wonder is whether Ron Paul or anybody else on the House Floor was thinking how completely content-free the debate really was, and how pointless the show of posed opposition to the implementation of something close to pure communism in the financial sector.  IF the Federal government can, without comment, by mere announcement merge JPMorgan Chase and Washington Mutual OVERNIGHT in one week, there is really no meaningful limit to what the Government and and will do, given a week or two, with or without rubber-stamped congressional approval. 

So in short, to those of you who were in favor of the Bill 3997 bailout, I say, “be of good cheer, Big Brother will take care of you whether the Puppet Actors in Congress approve it outloud today, tomorrow or never.”  To those of you who think that Congress struck a blow for economic integrity and allowing the free markets to take care of their own greatest leaders’ failures, I would say: look at JPMorganChase and Washington Mutual merger that took place without application to the Antitrust Division of the DOJ, the Federal Commerce Commission, or anyone else, and tell me that it makes any difference what Congress does.  Look at all the dozen or so mergers of the past couple of weeks and tell me that there is a rule of law or free market economy at work here.  Where were the shareholder votes necessary to approve these mergers?  Where were the bids and white knights and marketplace speculation?  ALL of these things have been suppressed and coopted by the government to hide the failures of the corporate-communistic policies of the past 20 years.  Had the free market or even free discussion of these issues been allowed, all the truth about who is responsible for the present state of affairs, and who authorized the exemption of securitized mortgages from securities fraud regulation (and even private civil litigation complaints or demands concerning such securities fraud).  

Free Market Capitalism is dead.  Socialism is managed by and for the primary benefit of the operators and managers of the major financial corporations.  Even the small private shareholders in financial institutions can be wiped out NOT by the Market but by the Government, in a moment, in twinkling of an eye—but without any trumpets…..