A bill passed last week by the Florida legislature offers efficiencies and advantages to banks that may launch a major increase in foreclosures in the state known for its volatile real estate market.  The only thing standing in the way is a veto by Governor Rick Scott.  (Image: Nathan Rein)

HB 87  shifts the burden of proof from the plaintiff, typically a bank, to the defendant, the homeowner.   If the bill is signed into law, homeowners must prove that the bank lacks the legal right to take your home within 20 to 45 days of the date that the bank served the foreclosure notice.   The reduced timeline restricts the ability to gather evidence from the bank and test it (Does the bank actually have a legal record of your mortgage?).  Without the time to discover evidence, homeowners are at a major disadvantage at the initial hearing or appealing a decision, presuming there are funds for an appeal.                                                                                                                                                                                                                                                                   (Image: Nathan Rein)

The bank-friendly bill, H.B. 87, was passed by the Florida Senate 27 to 13 and House of Representatives 87 to 26 in partisan votes with Republicans in favor and Democrats opposed.  However, when Democrats in the Florida Senate had opportunities to stop the bill due to rules violations, none spoke up.  The party line vote was a sideshow that masked the bipartisan assent without objection to what may be the most pro-bank legislation in any major state.

The Down Market

There were 154,000 foreclosure filings this February in the United States.  Florida led the way with 32,000, according to a RealtyTrac data as reported by Florida Realtors.  For cities over 200,000 people, Florida had seven of the top ten cities in the nation for “default notices, scheduled actions, and repossessions,” the events that comprise foreclosure filings according to RealtyTrac.

The plunge in home values, job losses, a lack of new jobs, and flat wages all work against homeowners trying to keep a roof over their head.  When they fall behind, the banks make their move, Florida homeowners will find it even more difficult to protect their rights if this legislation is signed by Governor Rick Scott.

Citizen groups are urging a veto by the governor.

The Burden Falls on the Homeowner

Real estate foreclosures fall under state law. States are divided between judicial and non-judicial foreclosure laws.  The big bank advantages in non-judicial states are legion.  In judicial foreclosure states, homeowners still have some rights (if they can afford to exercise them).

Florida is a judicial foreclosure state.  Currently, the court system requires that banks (plaintiffs) prove their case.  Homeowners (defendants) have the right to challenge foreclosures presuming they have an adequate attorney.

If Governor Scott signs HB 87 into law, homeowners will face a new version of due process before the law.  In addition, several timing and evidence gathering impediments will stack the deck in favor of the banker plaintiffs.  Any hope for justice will become rare among citizens.

The essence of due process in our legal system is found in the burden of proof: “the necessity of proof always lies with the person who lays charges.”  The banks lay charges when they initiate foreclosure.  Therefore, the banks have the burden of proof.   Not in HB 87.

HB 87, Section 702.10, subsection (1) turns due process upside down.  (Lines 250-264, pp. 9, 10)

The plaintiff “may request an order to show cause for the entry of final judgment in a foreclosure.”  The court “shall immediately review the request and court file in chambers without a hearing.”  If “the court finds that the complaint is verified … the court shall promptly issue an order directed to the other parties named in the action to show cause why a final judgment of foreclosure should not be entered.”

The bank that initiates the action need only provide a written request.  That request is reviewed in chambers without any one challenging the evidence or logic (“without a hearing”). When the order is issued solely on the basis of the judge’s uninterrupted review in chambers, the homeowner assumes the burden of proof.  Show that this document is false the court orders.  Justice and basic concepts of law are sacrificed to allow banks greater ease and efficiency in taking possession of your home.

Another problem created for homeowners is found in timelines required to make a case against the foreclosure, as limited as the opportunity may be to have the case heard.

Under HB 87, Section 702.10 (1) (a) (1) (p. 10), a judge will review the complaint without a hearing then issue an order to show cause to the homeowner.   At that point, homeowners must show cause why they shouldn’t be foreclosed on at a hearing set within 20 to 45 days after service of process (lines 270-274).  The outside limit of the response is 45 days after the initial complaint.  This is a very short timeline particularly when dealing with homeowner discovery of evidence from a huge corporation like a bank.  The 45 day requirement is also in conflict with the Florida Rules of Civil Procedure.  Depositions require 30 day notice to witnesses.  Witnesses have 30 days to respond to written questions (interrogatories).

To have any chance to prevail, you need an attorney the day the bank files a complaint.  That’s not all you need on the first day of the foreclosure filing against you.  You must know who all the witnesses are and produce written questions sharp enough to get the required evidence.  The questions need to go out that very day in accord with the general rules of civil procedures.  If you do all this on day one, you may have time to obtain some discovery if the hearing has been set after 30 days and the bank doesn’t attempt to delay discovery, something which banks typically do.  Talk about the perfect storm.

HB 87 greatly reduces plaintiff requirements for proof of a mortgage agreement.  It is well known that the banks set up their own recording system for mortgages that bypassed normal recordingrequirements.  They did this in order to bundle and sell mortgages leading up the Wall Street crash of 2008. (See ForeclosureGate Deal ). When requested, banks are often at a loss to produce the basis for the mortgage agreement, original documents.  HB 87 loosens the documentation requirements to enforce contracts that may be just scraps of photocopied paper.  (See HB 87 702.015 (4) lines 125-137, p. 5)

HB 87 closes the door on any objections to errors in the foreclosure process in Section 702.036, (1) (a), lines 162-169 (pp. 6, 7) Finality of mortgage foreclosure judgment.

“In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment …, the court shall treat such request solely as a claim for monetary damages and may not grant relief that adversely affects the quality or character of the title to the property,”

Once the judge issues his/her order to show cause at the quickie hearing in favor of the bank and the 30 day period to file an appeal expires, the homeowner can produce undisputable proof that the bank had no right to be awarded the home.   In this case, the only damages available are monetary awards.  The issue of home ownership and title cannot be changed under the new law.  No amount of monetary damages will replace the value of a family home.

Once again, the perpetrators of the biggest transfer of wealth in history are given even more advantages, right where those advantages count, in the law.

Will Governor Scott sign legislation that lets banks take homes with a low standard of proof or will he respond to the needs of the people represented by those signing the petition for a veto ?  Nothing less than due process and all that implies is at stake.

Will the Democrats start looking more like the party of Lawton Chiles than Jeb Bush?

Will the media wake up to the cloak of secrecy and the motives for that cloak in time to alert the people?

http://agonist.org/florida-hb-87-homeowners-and-the-foreclosure-inferno

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We Want Our Money!  Dr. Elliott’s interview on “Fixing the Money Thing.”

Treasury Scarcity to Grow as Fed Buys 90% of New Bonds Note from Today’s America: This is not good! When the Fed is purchasing 90% of new bond issues because the rest of the world isn’t, what does that mean? It means they are PRINTING MONEY OUT OF THIN AIR, since there is no tangible backing to our currency. That leads to increased devaluation of the currency and ultimately a hyperinflationary scenario.  THIS COULD BE THE TRIGGER THAT CAUSES GOLD AND SILVER TO GO THROUGH THE ROOF AND THE BOND MARKET TO GET CRUSHED! ARTICLE FROM BLOOMBERG.COM Even as U.S. government debt swells to more than $16 trillion, Treasuries and other dollar fixed- income securities will be in short supply next year as the Federal Reserve soaks up almost all the net new bonds. The government will reduce net sales by $250 billion from the $1.2 trillion of bills, notes and bonds issued in fiscal 2012 ended Sept. 30, a survey of 18 primary dealers found. At the same time, the Fed, in its efforts to boost growth, will add about $45 billion of Treasuries a month to the $40 billion in mortgage debt it’s purchasing, effectively absorbing about 90 percent of net new dollar-denominated fixed-income assets, according to JPMorgan Chase & Co. Read More

Eric Holder for President in 2016?!?! Note from Today’s America:   Really?!?!?!  If we thought it was bad now. . . .  I don’t even need to finish this sentence.  The thought that America’s could even propose such an idea for someone who is so clouded in controversy is beyond me.  Fast and Furious, cover ups, lies. . .  This is not a party thing.  I would say the same thing regardless of Republican or Democrat.  We must encourage and support those that vote and LIVE Bibilical values if we are to ever see our country succeed.  Pray for wisdom and discernment for our leaders.  Pray that American’s would wake up.  Make sure you VOTE YOUR VALUES during the next election.  In the meantime, let’s change our culture so it’s not even an issue!   BOTTOM LINE:  PRAY AND ACT!!!  Your faith will compel you to action, and the fervent prayers of the righteous are powerful and effective. Here’s the article from WND.COM WASHINGTON – Before Hillary Clinton decides what she will do after resigning as secretary of state, she ought to consider that top Democratic operatives are already positioning a challenger who could disrupt her presidential hopes every bit as much as Barack Obama did in 2008. Very quietly, WND has learned that support is building behind the scenes among top Democratic party operatives close to Obama to position Attorney General Eric Holder to run for president in 2016, expressing a determination to succeed Barack Obama with a virtual political clone. Read More

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OBAMA’S CZARS With PICTURES.
APPOINTED WITHOUT CONGRESSIONAL APPROVAL, AND QUIETLY CHANGING  U.S. POLICY

There are very few of us who know just what all of Obama’s Czars do, as they quietly go about their “work” in the nation’s capital. This listing of their names and job descriptions should be educational to all Americans, no matter what your political leaning. See who they are and realize what they want to do:

Richard Holbrooke - Afghanistan Czar
Ultra liberal anti-gun former Governor Of New Mexico. Pro-Abortion and pro- drug legalization. Wants to dissolve the 2nd Amendment.

Ed Montgomery - Auto recovery Czar–Radical anti-business black activist. Affirmative Action and Job Preference for blacks. University of Maryland Business School Dean; teaches that US business has caused world poverty. ACORN board member. Communist DuBois Club member.

Jeffrey Crowley - AIDS Czar - Radical Homosexual. Gay Rights activist. Believes in Gay Marriage and a Special Status for homosexuals only, including complete free health care for gays.

Alan Bersin - Border Czar
The former failed superintendent of San Diego. Ultra-Liberal friend of Hillary Clinton. Served as Border Czar under Janet Reno – to keep borders open to illegals without interference from the Federal government.

David J. Hayes - California Water Czar - Senior Fellow of radical environmentalist group “Progress Policy”. No training or experience in water management whatsoever.

Ron Bloom - Car Czar - Auto Union worker. Anti- business & anti- nuclear. Has worked hard to force US auto makers out of business. Sits on the Board of Chrysler which is now Union-owned. How did this happen?

Dennis Ross - Central Region Czar
Believes US policy is the cause of war in the Middle East. Obama apologist to the world. Anti-gun and completely Pro-Abortion.

Lynn Rosenthal - Domestic Violence Czar
Director of the National Network to End Domestic Violence. Vicious anti-male feminist. Supports male castration – imagine?

Gil Kerlikowske - Drug Czar
Devoted lobbyist for every restrictive gun law proposal, former Chief of Police in liberal Seattle WA. Believes no American should own a firearm. Supports legalization of all drugs.

Paul Volcker - Economic Czar
Former head of the Federal Reserve under Jimmy Carter when US economy nearly failed. Obama-appointed head of the Economic Recovery Advisory Board which engineered the Obama economic disaster to US economy. Member of anti-business “Progressive Policy” organization.

Carol Browner - Energy and Environment Czar
Political Radical. Former head of the EPA – known for anti-business activism. Strong anti-gun ownership.

Joshua DuBois - Faith-Based Czar
Political Black activist. Degree in Black Nationalism. Anti-gun ownership lobbyist. WHAT THE HELL DOES A FAITH BASED CZAR DO ? ? ?

Cameron Davis - Great Lakes Czar - Chicago radical anti-business environmentalist. Blames George Bush for “Poisoning the water that minorities have to drink.” No experience or training in water management whatsoever. Former ACORN Board member (what does that tell us?)

Van Jones - Green Jobs Czar (since resigned). Black activist with strong anti-white views. Member of American Communist Party andSan Francisco Communist Party. Said George Bush caused the 9-11 attacks and wanted Bush investigated by the World Court for war crimes.

Daniel Fried - Guantanamo Closure Czar - Human Rights activist for Foreign Terrorists. Believes America has caused the Global War on Terrorism. Believes terrorists have rights above and beyond Americans.

Nancy-Ann DeParle - Health Czar - Former head of Medicare / Medicaid. Strong proponent of Healthcare Rationing (i.e. “Death Panels”). She is married to a reporter for The New York Times.

Vivek Kundra - Information Czar - Born in New Delhi, India. Controls all public information, including labels and news releases. Monitors all private Internet emails. (HELLO?)

Todd Stern - International Climate Czar - Anti-business former White House Chief of Staff. Strong supporter of the Kyoto Accord; pushing hard for Cap and Trade. Blames US business for Global warming. Anti-US business prosperity.

Dennis Blair - Intelligence Czar - Retired US Navy. Stopped US guided missile program he described as “provocative”. Chair of ultra-Liberal “Council on Foreign Relations” which blames American organizations for regional wars.

George Mitchell - Mideast Peace Czar- Fmr. Sen from Maine Left wing radical. Has said Israel should be split up into “2 or 3 ” smaller more manageable plots”. (God forbid) A true Anti-nuclear anti-gun & pro homosexual “special rights” advocate.

Kenneth Feinberg - Pay Czar - Chief of Staff to Ted Kennedy. Lawyer who got rich off the 9-11 victims payoffs (horribly true).

Cass Sunstein - Regulatory Czar - Liberal activist judge who believes free speech needs to be limited for the “common good”; essentially against the 1st Amendment. Has ruled against personal freedoms many times on private gun ownership and right to free speech cases. This guy has to be run out ofWashington ! ! !

John Holdren - Science Czar - Fierce ideological environmentalist, Sierra Club anti-business activist. Claims US business has caused world poverty. No Science training.

Earl Devaney - Stimulus Accountability Czar - Spent career trying to take guns away from American citizens. Believes in Open Borders toMexico. Author of statement blaming US gun stores for drug war in Mexico.

J. Scott Gration - Sudan Czar - Native of Democratic Republic of Congo. Believes US does little to help Third World countries. Council of foreign relations, asking for higher US taxes to support United Nations.

Herb Allison - TARP Czar - Fannie Mae CEO responsible for the US recession by using real estate mortgages to back up the US stock market. Caused millions of people to lose their life savings.

John Brennan - Terrorism Czar - Anti CIA activist. No training in diplomatic or gov. affairs. Believes in Open Borders to Mexico and a dialog with terrorists and has suggested Obama disband US military. A TOTAL MORON!!!!!

Aneesh Chopra - Technology Czar - No Technology training. Worked for the Advisory Board Company, a health care think tank for hospitals. Anti-doctor activist. Supports Obama Healthcare Rationing (i.e. Death Panels) and salaried doctors working exclusively for the Government Healthcare plan.

Adolfo Carrion Jr. - Urban Affairs Czar - Puerto Rico-born Anti-American activist and leftist group member in Latin America. Millionaire “slum lord” of Bronx, NY. Owns many lavish homes and condos which he got from “sweetheart” deals with labor unions. Wants higher taxes on middle class to pay for minority housing and healthcare.

Ashton Carter - Weapons Czar - Leftist. Wants all private weapons in US destroyed. Supports UN ban on firearms ownership in America. No other “policy”.

Gary Samore - WMD Policy Czar - Former US Communist. Wants US to destroy all WMD unilaterally as a show of good faith. Has no other “policy”

These are the people who are helping President Obama run our country. Yes, it is a sad situation!

The post Obama’s Czars appeared first on Save America Foundation.

For those who knew the horrors of living under Stalin and Hitler, this is terrifying! It shows that Communism is still alive and well. And of course we see it in America also. How long before we see these buses here? Oh yes, we already have, with the face of our “fearless leader”. It is time to wake up and stand up, for Liberty and Freedom, or to recognize that we will leave our children and grandchildren a legacy of slavery and tyranny, if we don’t stop this.

http://en.rian.ru/world/20120419/172923241.html

“Buses decorated with the portraits of Soviet dictator Joseph Stalin will appear on the streets of 40 cities in the former Soviet republics during V-E Day celebrations on May 9, a campaign organizer said on Thursday.

The leader of the “Bus of Victory” campaign, Viktor Loginov, wrote in his blog that the buses will appear on May 6 in Kiev, Minsk, Tallinn and Riga, as well as in many Russian cities, including Moscow, St. Petersburg and Volgograd (formerly Stalingrad).

“Some 40 cities have joined the campaign so far and it has already broken previous records,” he said.

He added that the organizers still have to collect some 150,000 rubles (about $5,000) for the successful launch of the campaign.

The “Bus of Victory” campaign was first held in St. Petersburg in May 2010 and is aimed at “counteracting falsifications of our Fatherland’s history.” Members of its organizing committee say they do not belong to any political or public organization.”

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 Mike Zullo, the lead investigator of the Cold Case Posse in Maricopa County, on the fraudulent birth certificate!

IT’S A FRAUD, SO IS HIS SELECTIVE SERVICE DOCUMENT. WHAT DOES THIS MEAN, THE GOVERNMENT OF THIS COUNTRY IS IN THE HANDS OF A CABAL THAT IS KEEPING THIS STORY SILENT!!!

PEOPLE, STAND UP AND SPEAK OUT BEFORE IT’S TOO LATE!

LISTEN HERE- 

http://www.freedomtalknetcast.com/Site_3/Netcast_Audio_Program.html

The post Mike Zullo – Lead Investigator on President Barack Hussein Obamas Birth certifictae says it’s FRAUD!!! appeared first on Save America Foundation.

Click here to watch Alex Snitker’s Weekly Political Report only on TrueState.tv. Visit TrueState.tv to see more and learn more.

The post BIG PROBLEM: President Obama Scraps Pipeline appeared first on Save America Foundation.