South Florida Law Blog - Latest Comments

Re: An Open Letter to Pam Bondi

Mr. — Tue, 19 Jun 2012 22:47:47 -0000

Dave, conflict of interest, rule. Create different entity. Offer to buy, if, when refused, sue, collect, move on.

Re: An Open Letter To President Obama

Shagency — Wed, 13 Jun 2012 18:59:51 -0000

the reason the government wants to push refinancing is simply because all the paper work on the American homeshave been lost. Refinancing is the only way since all the fraudclosure a paper trail can be established to any house nowdays. First do something about those that are committing fraudulent acts against the American People. I say don't refinance but ask those you make your mortgage payments to for a copy of the note which is never suppose to be separated from the assignment of mortgage!

Re: An Open Letter To President Obama

Sherry Hernandez — Wed, 13 Jun 2012 17:51:40 -0000

Until there are principle reductions for ALL underwater homeowners, the problem will continue. Over 16 million people are underwater, which equates to approximately 40 million people, over half of them voters. While lowering interest rates puts a band-aide on the problem it does not fix it and it still rewards the wrong doers who created the situation.

Lower principle, to 80% - 90% of home value on all underwater homes with no qualification process required. This would cut back on the overload placed upon the bank in modification backlogs. If home buyer can make payment they will immediately begin paying. If not, they will sell with dignity and move on. Lender legal fees would probably drop below half of what they are now, thus making up for a considerable amount of revenue loss.

This would free up our economy to "reboot" so to speak and the market could begin moving again.

It would cause a more equitable sacrifice by lenders and borrowers who were - let's face the facts - defrauded. (see FBI report).

Just a thought.

Re: An Open Letter To President Obama

Mitch Pennington — Wed, 13 Jun 2012 17:30:10 -0000

Roy,

I can tell you care a lot about our country and the awful problems we are having. But, your open letter will have no meaning to Obama whatsoever. He just won't get it. He's hardcore and clueless.

Write to the people first by telling them "truth" and then to our elected officials telling them we will vote out those who care much more about themselves and the everyday citizen. We all know who they are.

Mitch Pennington

Re: An Open Letter To President Obama

Mgboojr — Wed, 13 Jun 2012 16:21:38 -0000

That's a nice kind letter.
Please add [in my opinion] any mediation program for foreclosures or other type of principal reduction effort needs to include the 'real party in interest,' the person actually entitled to receive the loan payments, the actual investor/owner, not just the mortgage servicer. However well intended, existing programs are a farce. IF the actual owner of the payment steam actually understood the value of the property was much less that the principal balance, some reality in their evaluation process might occur. The banks and the 'servicers' usually don't own the notes.

[In my opinion] Mr. President, you need to start getting advice on the banking and financial decisions from others than those that are part of creating the problems. You were willing to let the shareholders of GM & Chrysler loose their equity and that was appropriate because they continued to allow the directors to make unsound business decisions. That same position needs to apply to banks; their accounts receivable and vast land holdings are real assets that could be used by 'new' banks formed from the asst base of existing banks that make decisions that aren't successful in the market.

Re: The Real ‘Miami Zombie’ — David Stern!

Guest — Wed, 13 Jun 2012 15:23:35 -0000

We proofread the blogs several times before posting them, but occasionally an error may go through. We're human, but always striving to be better. Thanks for keeping us on our toes and thank you very much for reading.

Re: The Real ‘Miami Zombie’ — David Stern!

Lynne Fessenden — Thu, 07 Jun 2012 23:50:26 -0000

Typical Miami. This moron will obviously lose everything - as should his co-conspirators, including their ill-gotten gain, assets, obviously their Bar licenses, and most importantly, their freedom. Unfortunately however, the poor victims most probably will not have swift, if any justice. And if they do at all, they probably won't receive any restitution for a very long time. Meanwhile, in a perfect world they should be housed in the soon to be former attorneys' houses, furniture, jewelry, cars - all of it. But alas, their assets will likely be seized by the State of Florida and the Feds. Mr. RICO could step in on both fronts. Good luck with your cases.

However, your reference to the victim that had his face eaten off creeps me out.

Re: The Real ‘Miami Zombie’ — David Stern!

Jhaggart — Wed, 06 Jun 2012 13:35:01 -0000

I'v e been following your blog for a long time, and it's excellent.

Lately I've noticed more typos and misspellings in your work -- four or five in today's blog. A little proofreading by third party migt help.

Re: Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Garypitterman — Tue, 05 Jun 2012 02:20:51 -0000

I have applied and have just needed paper work after paper work! They still need more It's been over 4 months of them playing paper basketball I think to keep there employment.That' why they still have 90% of the money. I have all the qualifications needed and they won't give the funds? Cannot figure it out. Someone is just filling there dirty pockets with more Obama money.I think at this point it's a big scam. Just a matter of time before we read about it like everything else.

Re: An Open Letter to Pam Bondi

Russel Workman — Mon, 04 Jun 2012 23:05:55 -0000

300,000,000.00 is 3000 homes at 100,000.00 each, 6000 homes at 50,000.00 each, 12,000 homes at 25,000.00 each, 24,000 homes at 12,500.00 each, 48,000 homes at 6250.00 each... Anybody see how small a number 300m really is? Just put it in the general fund. Or buy Chinese oil stocks with it. Maybe we can get some kind of return off their oil rigs that will soon be visible from OUR coast...

Re: Unrealistic Returns; From Facebook IPO To Pension Funds

Michael Borger — Mon, 04 Jun 2012 07:29:24 -0000

Agreed -- with real estate, depending on how you invest, you get to pick and choose each specific property you invest in. You're practically shielded from the poor management decisions of others. That also means taking full responsibility for your own actions and returns, but I wouldn't have it any other way. With real estate, you can do as much diligence as you want and then decide -- for yourself -- whether to say 'yes' or 'no'.

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

Nobody — Sat, 02 Jun 2012 13:28:02 -0000

One thing that'll get banks to sell unmanned properties would be to make them pay property taxes like flesh-and-blood people do. Given the stupid Supreme Court ruling that corporations are people, it's time to end corporate privledge by using discrimination laws, as humans are discriminated against for being flesh-and-blood people. Being human - with or without color - is the new "colored".

If I lived next to a house owned by Bane Capital whose CEO is a Matt Romney and had a swimming pool, I wouldn't hesitate to freeze some veggie oil to lob over the fence to stop mosquito larve with the oil slick. After all, Bain Capital would do nothing to maintain the pool, and Mitt Romney, as per being halfway autistic, wouldn't care if he owned a mosquito factory.

Re: SpaceX: America’s Entrepreneurial Spirit Still There

YourLemonLawRights — Thu, 31 May 2012 05:38:08 -0000

That's really great...

Re: Foreclosure Headlines: Robo Signer/ Whistle Blower Dead, Occupy The Street; Homeowner Holiday Reprieve, Average Foreclosure Length Up, New Mass AG Sues Banks

Speaking Spirit — Wed, 30 May 2012 14:40:13 -0000

Does any one know how much money is contributed attorney general by the banksters because they got away with breaking laws with a slap on the hand. These fraudulent foreclosures should have been stopped years and all the states general attorney knew and turned they backs on the people the law and the country's economy.

Re: How Some States Are Spending Foreclosure Settlement Money Is Far From Settling

LIBERTARIANCHRIS — Thu, 24 May 2012 12:30:01 -0000

Great job states! KEEP IT AWAY FROM THE SCUMBAG LAWYERS.

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

Liammcfadden — Thu, 24 May 2012 08:26:46 -0000

For those in any debt, use a lawful offset account with an EFT. All evplained at setoffdebt.com

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

Liammcfadden — Thu, 24 May 2012 08:19:14 -0000

That's why the symbol of our "justice" system is the blindfolded goddess. What it symbolizes is "You won't see any justice here", not anything about equal application of the law to all.

Re: Facebook IPO: Why It Went Wrong and Why It Matters

Wrtaway — Wed, 23 May 2012 17:52:35 -0000

Keep up the noble fight for us the little guy
;(

Re: Supreme Court Descending Into Political Chaos

Oppenheim Law — Tue, 22 May 2012 11:17:13 -0000

Thank you! I will.

Re: Supreme Court Descending Into Political Chaos

Oppenheim Law — Tue, 22 May 2012 11:16:37 -0000

Allan I have forwarded your information to our attorneys. Someone should be contacting you shortly.

Re: Supreme Court Descending Into Political Chaos

Allancohara — Tue, 22 May 2012 06:04:47 -0000

Roy I have the same thing going on with me Countrywide closed my loan in 2007 knowing outstanding liens on property. I was served with foreclosure a month later and still in foreclosure. ZPaid of the mtg and Now Bank of America and Bank of New York Mellon is trying to foreclose I have a satisfaction of mtfg and the note stamped paid. Also the assigment of mtg is robo signed the same as Pina. Please help me Allan 561-912-8173

Re: Supreme Court Descending Into Political Chaos

Maximus Decimus Meridias — Mon, 21 May 2012 19:25:56 -0000

Roy,
Great Post, Spot on! What has happened to the rule of Law? The simple and basic basic principal that made America what it is (or what it was just a decade or two ago). I cannot believe the partisian politics that played out during the recent Health care hearings.......

It's shameful, and downright Un-American!

Keep posting Roy, we're reading!

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

RAURQUI — Mon, 21 May 2012 13:57:33 -0000

PERMISSION TO SPEAK, NEVER HAD, BUT I'M ENJOYING AN LIBERTY TO EXPRESS THANKS TO THE FOUNDERS OF THIS GREAT COUNTRY IS TO LOVE
OUR ECONOMY IS IN CRISIS BUT THAT IS SO STRONG THAT COURTS CAN CLOSE YOUR EYES TO BANK FRAUD BY THE FEAR OF A MAJOR CRISIS (invented by the same banks) OR IS MORE IMPORTANT TO THE STRENGTH OF THIS COUNTRY THAT EVERYONE WHO MAKE AN BIG FRAUD OR SMALL FRONT OF JUSTICE
THE SUPREME COURT IS WRONG TO WANT TO BELIEVE THAT THE ATTORNEY WANTS Amanda Lundergan TAKE ADVANTAGE OF THE SITUATION I AM FEARFUL THAT OUR SUPREME COURT JUSTICE BE BLIND AND MORAL PRINCIPLE OF JUSTICE, WHICH MAY HAVE ENOUGH MONEY TO PLAY IN THE COURT AND IS NOT WIN NO MATTER TO START THE GAME BECOME THE BANK TO WIN AT THE END THEY ARE THE OWNERS OF THE BALL BASEBALL.
Cuban poet Jose Marti said
WHEN THERE ARE MANY MEN WITHOUT DIGNITY
THERE ARE MEN WHO HAVE THE DIGNITY OF MANY MEN.
Lundergan AMANDA GOOD LUCK
DO NOT EXPECT MANY JUDGES SITTING IN YOUR HEART FOR THE SAME AS YOU ARE FIGHTING
NOT ALL HAVE EARS TO SEE

SORRY FOR MY ENGLISH

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."