Law Blog Launches with Florida Foreclosure Focus
Mon Jan 12, 2009 by Oppenheim Law on Florida Foreclosures
Welcome to the first post of the Oppenheim Law Blog, focused on South Florida foreclosures.
We started this blog to keep you up to date on newsworthy legal topics, such as Florida foreclosure law, internet ventures, and personal injury law. Our Florida law professionals will give advice on how these topics affect you and how you should respond. The general public, the news media, and the legal industry will find this blog a valuable resource to keep a finger on the pulse of legal issues in South Florida. We hope you will engage with us, leave comments, and ask questions as you stay informed about legal matters that matter to you.
Pondering Shays’ Rebellion and Florida Foreclosure Laws
You may be reading stories about our Fort Lauderdale law office’s commitment to foreclosure defense. I wanted to take a moment to explain why we’re so dedicated to defending homeowners struggling through the judicial system.
Do you remember Shays’ Rebellion? Some call it the “last battle of the American Revolution.”
Revolutionary War Captain Daniel Shays helped organize an insurrection against the Massachusetts government in 1787. Unfair laws, high property taxes, poll taxes and unjust court procedures made life worse than before America’s independence from the United Kingdom. While government officials had excessive salaries, those in debt were jailed.
Long story short, the rebellion in the face of this financial and economic crisis led the government to reevaluate the Articles of Confederation and was the impetus to the Constitutional Convention. The result was a new and stronger government under the United States Constitution.
I don’t expect an armed uprising during Florida’s foreclosure crisis, but I do expect homeowners to get upset when they discover that, in many cases, Florida lenders are foreclosing on them without any proof of loan ownership. Some banks are violating homeowners’ Constitutional rights in terms of due process by failing to produce these documents – a legal requirement of foreclosure.
Our internal investigations show this happens more than we’d like to think. So we’re up in arms, so to speak, for homeowners. We want to ensure that homeowners are fairly represented in a court of law and that due process is followed. The bottom line: if the bank can’t prove ownership, they can’t foreclose.
See my recent news about Florida foreclosure law: https://www.oppenheimlaw.com/
Thank God someone is figuring all of this out…..we are in foreclosure and the bank cannot produce proof of ownership…not only that, they produced what our attorney feels is Fraudulent transfer of the original note to the current bank dated five months after the foreclosure was filed…three years after the loan was sold….am I wrong or did I pay over $40,000.00 to a bank that did not actually own my mortgage…and did they actually file the foreclosure before they owned the note….the judge appears to believe this is an acceptable business practice…you really have got to wonder what is really going on here….
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What these people (banks) did and are doing is truly reprehensible. Companies like AIG were buying millions of dollars in loans without even looking at them on Wall Street, and then they proceeded to slice up the loans to put them in balance sheets to “securitize” them and give them to foreign investors as collateral/guarantees. They were not checking if people could afford the loan. They encouraged loan originators to go out and sell loans in the most indiscriminate fashion, and went to work on the “subprime” loans to lure people into buying property, to live, for investments, second homes, etc. Now, after they caused this gigantic problem out of immeasurable greed, they won’t even take their collateral back in good terms. They want you to foreclose. They’re picking up properties for free because 95% of people don’t defend themselves against these bastards, that have fleeced us to a point of “economic depression.” Now they’re printing money ad nauseam (The Fed, so they can keep paying the interests on the debt our country owes to the LONDON BANKERS, who created the Federal Reserve as a privately owned outfit, that prints money for them), and the institutions holding the notes on all these foreclosed properties (wherever in the orient they may be) are soon bound to realize that the almighty dollar can indeed lose value precipitously. So the elite, the people who planned all this, have already bought their gold and silver, and have stashed gigantic bundles of money in fiscal paradises, which will still leave them filthy rich even after the inevitable devaluation of our currency royally screws the rest of us. Maybe that’s Hillary’s insurmountable mess now, or rather surely, it is. I have a tremendous problem, after knowing all this, in accepting that even though a congresswoman has told the American people: “Stay in your home. Don’t leave. Don’t let them throw you out,” that the judges may continue showing evident bias in favor of the lenders that have brought this great nation of ours to its knees. It’s time to fight back or go like sheep to the slaughter in this psychotic roman circus that these wanton individuals behind turning our homes into securitized collateral given to foreign countries. Those are the bad guys. The ones that now say the lost $68 Billion in one quarter and WE have to BAIL them OUT! And you know what, as an experiencer of a major mortgage servicer customer service system, straight from a read out of a computer screen at call center somewhere in India by a lady who was “very sorry” about telling me that I was screwed, they are going to get away with this unprecedented treason on the American people. Let’s face it, they are taking our money, our homes, our investments for ourselves and our children, our jobs and our sense of security, crashing the stock market and reducing peoples retirements to crap smeared on money paper, and that’s just a start folks. So get yourselves a good lawyer and let’s wake up and FIGHT them, before it is too late, if it isn’t already. I came to the US because I believe in this Nation’s Constitution and I still believe it to be the Greatest Nation on Earth, I served in the US Army for 8 years, because this country deserves to be defended, and I’ve earned the right to say this: This situation is a damned disgrace. You see, they want us to “lose it” and go out there a revolt, and then they would have won already. We have to fight smart. I’m going to be demanding to see my note and to know who is my creditor, for crying out loud! And double-selling the notes without registration? Is that even legal? WTF! Thank you for letting me vent. Good night, and good fight!