South Florida Law Blog - Latest Comments

Re: Landmark Foreclosure Case Goes Before Florida Supreme Court; Has Banks Terrified

Krisgrosse — Tue, 15 May 2012 12:44:12 -0000

About time some one had the moxy to take on the bank!! KUDOS!!
Seven dollar an hour clerks making life changing decisions..hope there will be more of these cases, as a Realtor I am sick over the ignorance and lack of compassion of a fraudulant system,
the banks!

Re: Roman Pino Case Imperative to Florida Supreme Court’s Integrity

Eleanora Lillian Alexander — Mon, 14 May 2012 16:38:15 -0000

Somehow this is what adds to the immagionation of all our citizens. When we already know that the power that the banks have as we daily pay so much usuary to them for the "home ownerships" hardships as it will occur during that 30 or 15 yr mortgages - life style. In fact the statistics that people move and change about every 10 yrs but not always, just about 75 % ..to 100 % .

However, I built a home back in 1951- at Willowdale lake, from the dirt up --paycheck to paycheck ,,,,,,for less that 4,997.63 cents. not having the final plasterboard in three rooms but even a garage for less then 750. 89 in material. Of course, I used "mill" rough lumber and only one board bowed within that stature, it was more oak and pine combined back then, with that mill making the boards for the trucks to deliver Weirton, and other lower Ohio mills. I purchased the wood in Salensville, Ohio through friends that worked at Ford motor in canton, O. and that cost of the home included the minor plumbing, furnance form local dealer, I put it together and they came up and helped put the moter in place after i had all the thousands of screws in place of all the duckworks etc. Not that also included the roofing material and other itmes needed to make it a complete building even the digging the footer and the builder laughting caus i didn't know the forms right and he did that for me cause I was only 17 or so yrs of age when it was started. It took me almost 3 yrs. and my husband dined't climb the roof but did bring some of his friends to help hold up the frame and put it in place a few weekends for some beer we supplied. That was my first experience and found the library book of building and the plans from a place that was building 24x 24 Lincoln homes. with a price then of 65 for the plans. It still is standing at 87 Cherry Drive, Willowdale Lake Ohio area.between Canton, Massillon rd towards Akron, Ohio. ---

However, many years later have purchased many properties, in Columbus, Ohio, Canton, Ohio, Massillon, Ohio etc. even here in Fla.

I have enjoyed finding homes that could be duplexed, even one I had was over 150 yrs old. and made into a tryplex after 37 yrs of struggling not to mention the 5 yrs living there with mys sons father, during our marriage.

Home ownership is almost out of $$$$$$$ reasoning. and the times dealing with banks are '''''''something else"""""""" as hey really obtain the same amount you paid for a home at the end of the mortgage plus more than what it took me to purchase material and build a small abode. during my first marriage.

Our banks are getting that humungous amounts of money to keep in business that they only need 100,000 . 00 within thier banking system to be able to deal in the 12 states that they have main sources of loaning monies ,,,,,,,,The banking system I learned at OSU back in the days when ladies were not allowed or able to obtain Economics and Law studies, so as I like many others to have taken Econ 1 and 2 and other subjucts that entailed knowing the market and banking systems. the library is also excellent books sources during my 78 yrs of learning about the societies ills.

and that history is repeating itself here in this USA.
May God Bless America. I love this country with all my soul and might but I do love the Lord more.

I admire honesty, integretery, and all he honorable things that our laws of the land do intend to convey to most the the citizens. It is a very thin line between "truth and justice" within our land ....Especially when the power of "$$$$$" has prevailed since we started Taxing our citizens instead and using the "usuary" to the fullest with sending those creit cards even in the classrooms to advertise as I saw int he 1990's at KSU. easy money..............Well nothing is "easy" and especiall "money making at a job"..........not use one credit card to pay another.

God only knows, about bankers and finance companies. for example I was told at KSU I needed a laptop computer. So I called Dell and they said, " you can have it for 2,000 ""INTEREST FREE" for the life of the loan,,,,,,,thinking that was unusual I said, "yes" and thanks so much as my son handled the details of the type of computer and the conference was having all the school needed dvd's as he owned a small computer innernet services and loved his mother still going back to college for another subject. Although it was shakespeare and I had it prev. with the Stratford Canada, as a jr and now a senior of KSU that I could enjoy it,. Only i took it as an English subject then and was again taking it as a History subject with both english and history professors in charge of that extra type of subject.

Back to Dell computer. for one year they gave me free interest. and then someone else purchased the finance co. and before I knew it --they sent 29.9999 % interest with the 150 a month aprox payments.
-o course I called complaining and it was to no avail. the amounts kept going up and up. as the years rolled by.
The original price was aprox. 2,000 and I was given up to 5,000 cr. I never purchased anything but cash for the printer around 69 bucks and cash for all my ribbons -color and black ...ones.....but about 3 yrs it was supposed to be finalized ........Now this was purchased back in 2007 for the fall course, which I at late ages "did the work and received a B grade....happy about the results,. As in the classroom now they have another machine that we hooked our computer homework and research into and it showed all of the work on a roll down movie screen at the head of the classroom.......Inovations are getting greater as the 1990's they had a care for parking privdgles at KSU now that same type of card is like a visa with our putting our funds in and them getting it back out, ha with some small amt. left over for us after our school yr is over.

Anyways, I paid till Sept of 2011. and realized that the bill still said, close to 3,000 bucks. I figured it was really paid for by my original figures. Adn during aprox 2010 yr had here in Fla extended 389. and a few cents towards "getting the services extended on this laptop" but i did send ti back to the company as some of the parts had fallen off. and some were not working. I also discovered that they had never put in the back up card under the bottom layer of this laptop. I had been had that way too. Also they sent me the newer discs that was supposed to have been delivered in the first place. My laptop had set in the case for almost 2 1/2 yrs in my living room not being used. So it was not supposed to be in that condition after one class research and somewhat of about 1/2 yr on this new facebook or computer back in to using at home.

However, the bill kept growing as my husband was not employed and
was having difficulty to come up to the continued years that they extended the payments from the original three years without interest to their new rules. NO SIGNED NOTES, JUST THAT ORIGINAL PHONE CALLS, where it was told NO INTEREST ........Ilike that cause the Bible said, "USUARY" was not allowed during their era.

Now the phone calls bean and for over a year was harrassed and paid some but finally completely quit Sept of 2011,,,,,,,and made another pmt of 150 after that and............quit again. I feel my deal with the Dell company was done. and I had paid my full amount and more than that since it was supposed to be only 3 yrs. well 2007 Oct . purchase to 2011 purchase in Oct was finally -------------done in my mind.

The settlement letter contained a couple months ago sent to me said, simply if I considered settleing for $2898.89 aprox. amt. I have the letter filled away near kitchen table and not lookin at the real figures, but saw it made me Get Red in FAce and almost laugh. That takes a Gull to give me an amount more than all the original amount was. and also finally saying they will settle as it was originally purchased with No more interest. On and on it goes, I have not received any more phone calls because I will not answer the phone for that "indignent man who last called ans sent the letter " "his last words were to me, Call you son and he will send you the money for the settlement."etc.

I realize that the banks have the authority and I even told him to take back the Dell computer, he said, "it was too old and they didn't want it as newer ones are now available at lower prices. " -- so I am typing on this computer. and I have figured that -- It takes seven years more from Oct 2007 to get it off our credit report and mostly eliminate the debt within our laws. Or else, I will have to turn it over to an attorney and fight them. I only am on fixed income presently and 800 a month is not enough presently for some 150- to go to a very nasty finance co. that purchased Dell's accounts and did not keep the word of the one that sold the machine.

However, in todays' modern world, I don not have the slightest "idea" what would happen "if" i put that case within the Supreme court. or the local courts, or whatever. (Probably advice was bankruptcy court- and that would cost us $$$ too.) but I don't feel like doing that to be a very embarrassed person ------going through it all, I haven't either the "tea leaves readings " about courts.

When I was young goingg to OSU and planning on persuing a law degree, till I discovered the "odds" then were really stacked against lady atty's back then.l"lots changes in this lifetime of mine." However, I do know that they have changed lots of the people within the last few years and some of them are not democratic thinking as our law of this land "was intended for' but some of them have decisions more towards socialistic and materialistic thinking ......and not sure if they could be "$$perswaded" financially or just really are doing the job they were put there for. I did discover in some cities some of the Judges were not so good and in some places some were more "100% honest" with definate realization of our Democracy laws.

After all on the news Pelosi, and OBH are stating that they "thought" that the COnstuation of his USA and the bill of rights was "OUTDATED" and we say ,,,,,,,,"you know what though does"...or did'... so don't understand the newer rules and regulations. and only can PRAY for you and the court rullings ........because God is still in charge. and only God knows how to "bring it about" when he is tired of all the "bad things that go to good people" like the story Job. in the bible. we all have good and bad things happen. It is how we deal with them that we have to live with. Life is not a bed of roses. but Justice should be for all mankind and I believe in our USA forefathers Justice for all mankind and equal right for everyone "men and women. " The scales of our courts has a lady holding them up. JUSTICE we pray for presently and May our Lord be with the one that deserves it."

Re: Roman Pino Case Imperative to Florida Supreme Court’s Integrity

Jlangdodds — Fri, 11 May 2012 22:04:29 -0000

Amy,

Good comments. The FSC did not even have to take up the matter. The 4-3 vote to accept jurisdiction was interesting on its own. I hope the rule of law will prevail.

Re: Roman Pino Case Imperative to Florida Supreme Court’s Integrity

Jlangdodds — Fri, 11 May 2012 21:57:24 -0000

Spot on Roy. My 77 yr old brother in law tells me that we have always been a corrupt nation and always will be. I watched the hearing in its entirety. I was yelling at my monitor, like a football game for Ms. Pariente to shut up and let Amanda talk..even Cannaday is for the banks, you can tell by his comments.

I am an eternal optimist. I am four and a half years into my second FC case, which looks a lot like Pino. I am a father of three and now a grand father. I still believe in the integrity & foundation of our great country, but if this decision goes to the banking lobby, we are all TOAST!

Re: Roman Pino Case Imperative to Florida Supreme Court’s Integrity

AmyT — Fri, 11 May 2012 18:47:57 -0000

Hello - first, let me say that I am an upside down homeowner in Broward County .... I am also an attorney and I read your blog frequently. I have the utmost respect for your work and for your efforts to bring all of this to the forefront with an eye towards making the banks accountable for their behavior.

So I hope you understand that I mean no disrespect when I say, I disagree with some of what you're saying about the Pino case. I think this was the wrong case to use to bring the fraud issue to the forefront ... I would have rather seen the Ice firm wait for a better case ... one that would have given the Court more of an opportunity to address the substance of the fraud ... and not given the banks the perception of victory here they are seemingly going to get. I watched the oral arguments last night and it seems obvious (although you never know) that the Court was hung up on the procedural arguments not really the substance.

They did not condone the creation of a fraudulent assignment by any stretch. Justice Pariente even pointed out that contrary to the contentions in the amicae briefs, we will never know whether or not the banks were involved in the fraud or if it really was just the lawyers. The Court focused on the fact that sanctions were available ... and that Pino didn't suffer any harm due to the dismissal. Finally, they seemed to be unpersuaded by Ms. Lanagren's (who did a phenomenal job under the circumstances) arguments because they felt that the fraudulent assignment from the first case could be addressed in the second case.

I agree wholeheartedly that the lack of outrage was disappointing. But I was encouraged a little by Justice Pariente's outright rejection of the notion that the bank was not involved (why punish the bank for the actions of its attorneys) when she said, "we'll never know because of the dismissal."

Anyway - for what it's worth, those are my thoughts. I would like to see them address more substantively the fraudulent assignments. Especially in a case filed after the verification requirements. I would also like to see them address the standing issue in the context of the improper securitization of the trusts etc. I realize it's not so easy to get a case in front of the FSC. And again, thank you for the work you have done and continue to do. Keep fighting the good fight -- Eventually ... the banks will pay. They have to.

Re: ‘Bad Neighbor Banks’ Take Hold In South Florida

Mariae — Fri, 11 May 2012 01:46:29 -0000

"It’s time for the banks to stop being slumlords and rotten neighbors."

I totally agree with Jack.

Re: Landmark Foreclosure Case Goes Before Florida Supreme Court; Has Banks Terrified

Karenbrockfernandez — Thu, 10 May 2012 11:06:45 -0000

This is exactly the scenario regarding my mortgage initially with country wide and now Bank of America. The initial foreclosure was dismissed. Now foreclosure proceedings have been initiated again. I'm anxious to hear the court's decision in the above action.

Re: ‘Bad Neighbor Banks’ Take Hold In South Florida

JackSchitt — Wed, 09 May 2012 21:04:20 -0000

I point out: There are no (zero) bankers in jail.

Re: Landmark Foreclosure Case Goes Before Florida Supreme Court; Has Banks Terrified

Rseaman10 — Wed, 09 May 2012 16:39:24 -0000

Thanks Much Roy.I will be watching this one for sure. Amazing title would side w/ banks at this point.Trust in us title so questionable these days.

Re: Foreclosure Clean-Up Gets Police Response, But Not Bank Fraud?

Kelled — Mon, 07 May 2012 17:50:24 -0000

Watched parts 3 & 4 of Frontline on PBS last Tuesday. Will it ever change??

Re: ‘Bad Neighbor Banks’ Take Hold In South Florida

Samdeanjackson — Sat, 05 May 2012 04:45:36 -0000

What you are suggesting is that the settlement money should pay for the bank's responsibility. Sounds like another bank bailout!!!!

Re: An Open Letter to Pam Bondi

Oppenheim Law — Thu, 03 May 2012 10:27:31 -0000

Will Palm Bondi actually listen? Overall I give her credit for somethings she did at last minute when it came to the settlement, but there were many questionable choices she made that made it seem she was letting banks slide. Ultimately we'll have to see if this is a PR stunt or if she is really listening to us!

Re: An Open Letter to Pam Bondi

Oppenheim Law — Thu, 03 May 2012 10:25:57 -0000

It's not that I don't like principal reduction for homeowners, but using this 300 million payment for it won't have a lasting impact on the housing market overall. Principal reduction is being addressed through other parts of the settlement (Remember Florida is receiving 8.4 billion overall, mostly in so-called credits which will be applied to loan mods and short sales). But that alone won't fix the market. 300 mill in principal reduction won't help enough people. Fixing neighborhoods and taking back property records will.

Re: An Open Letter to Pam Bondi

Divinemisso521 — Wed, 02 May 2012 21:30:31 -0000

Dave, I agree you with 110%. I don't get why they are willing to sell your home for what is now worth to someone else and not the homeowner? If the big banks got bailouts, why not the 99% that got screwed over. I also had a high FICO score before all of this and now my credit is a mess. When is the little guy's bailout coming? I have lived in my home for over 20 years and they are telling me that I have to give up my home so that someone else can benefit from my hardship. WHY????

Re: An Open Letter to Pam Bondi

Divinemisso521 — Wed, 02 May 2012 21:26:57 -0000

Why is principal reduction bad? I have owned my home for 20 years and now due to circumstances out of my control, why should I lose my home and someone else gain from my loss? Why not help me try to keep my home? I don't get it. Frustrated in Miami.

Re: An Open Letter to Pam Bondi

Ren — Wed, 02 May 2012 20:14:23 -0000

You've again come to our aid but will Bundi listen or will she follow the politics of the day and become a puppet for the politics of the day. We should go even further. As a short sale Realtor, before it was fashonable for a Realtor to sell a short sale, I say we use the money to assist those who were hurt by the Robo Signing scandle. Those who short sold their homes. Let's restore their credit and help those who can afford to Buy again by providing them with the down payments and restoration of credit in order to get them back as home owners. The current discriminatory practice of the the Bank's making these people wait two years before they allow them to Borrower again is unfair and unjust. Doing this will provide the economic stimulation we need in Florida.

Re: An Open Letter to Pam Bondi

Dave — Wed, 02 May 2012 19:31:05 -0000

I usually agree with most but not all of your posts.

The first thing Pam Bondi should do is reduce principal to those the banks took advantage of.
I had an 806 fico score when I purchased my 6th home. Paid off 5 during my life time.
No one told me that the banks were artificially running up the prices of homes. My home is worth 40% of what I paid for it.
BOA at one point said they would sell the home to anybody for today's market value. Everyone that is except me! Is that nuts or what?
BOA has ruined my credit.
I am still here fighting. 6 years now.
Why won't BOA sell it to me for today's value?

Re: Schneiderman And Mortgage Fraud Task Force: Are We Being Hoodwinked?

Shelly Bernal — Tue, 01 May 2012 11:45:33 -0000

This slap in the face has left a handprint on my cheek! Thank you Straw Man Schneiderman and Hypnotist Holder for upholding the aristocracy - as representatives of American justice no less!

Re: House Flippers Getting Mortgage Relief? Obama Expands HAMP

Kamrealtor — Thu, 26 Apr 2012 23:38:17 -0000

There are some honest landlords out there who have multiple homes which they held for rental income and were paying all their bills for years. Should they die like dogs because people are envious of them owning these properties? The banks hate the borrowers more than they love themselves so they are willing to take the most adverse actions to punish their borrowers, even those who have been paying their mortgages for years prior to the meltdown which the banks and big investors caused. Remember we help ourselves by helping our brothers!

Re: Schneiderman And Mortgage Fraud Task Force: Are We Being Hoodwinked?

j w — Fri, 20 Apr 2012 22:09:14 -0000

NOT A SINGLE VOICE WAS RAISED TO HALT THE OPENING OF THE FLOOD GATES …. Ha Ha Ha Ha

https://sites.google.com/site/...

It’s amazing Weidner NOR any of the Foreclosure Lawyers or their Chasers / Runners Not One endorsed or encouraged the Intervention Hilarious Stuff Huh

Re: Schneiderman And Mortgage Fraud Task Force: Are We Being Hoodwinked?

j w — Fri, 20 Apr 2012 22:03:42 -0000

NOT A SINGLE VOICE WAS RAISED TO HALT THE OPENING OF THE FLOOD GATES …. Ha Ha Ha Ha

https://sites.google.com/site/...

It’s amazing Weidner NOR any of the Foreclosure Lawyers or their Chasers / Runners Not One endorsed or encouraged the Intervention Hilarious Stuff Huh

Re: Era Of The Short Sale Has Arrived. Hallelujah!

Realst8gal — Wed, 18 Apr 2012 10:22:06 -0000

Curious where hardships come in? What if you have significant income to support the payments but are under water and don't want to live in the house anymore?

Re: Era Of The Short Sale Has Arrived. Hallelujah!

Dave — Tue, 17 Apr 2012 20:25:29 -0000

The reason the banks are doing short sales and deed in lieu is so that they do not have to prove that they really own the mortgage note.
Banks never do anything that doesn't benefit them!

Re: Time To Break Up ‘Too Big To Fail’ Banks Is Now

Financial Policy — Fri, 13 Apr 2012 03:15:03 -0000

a study of 124 banking crises by the International Monetary Fund found
that propping banks which are only pretending to be solvent hurts the
economy

Thanks,

Financial
Advisor

Re: Friday Round-Up; Foreclosure Settlement Signed; Oversight Begins; Palm Beach Foreclosures Jump; Feds Offer REO Rental Rules

Jay — Fri, 06 Apr 2012 22:24:39 -0000

Too little, to late.