I dont know why John Hallman wrote what he did, if you didn't pay your
mortgage you should expect to lose the home. I thought he was for liberty
and property rights? If you borrow money on a collateralized loan and fail
to make the payments the creditor is entitled to the collateral. Mortgage
fraud? Really? You borrow money and don't repay it, I dont care about who
signed the notes, where are the ethics in believing you get to keep
something you KNOW you did not pay for?
From: [address removed] [mailto:[address removed]] On Behalf Of
Sent: Saturday, May 11,[masked]:29 AM
To: [address removed]
Subject: [rlccef] Fw: Tell Governor Scott to Protect the Constitution!
Sent on the Sprint® Now Network from my BlackBerry®
From: John Hallman <[address removed]>
Date: Sat, 11 May[masked]:47:54
To: <[address removed]>
Subject: Tell Governor Scott to Protect the Constitution!
View it in your browser
May 11, 2013
Call Governor Scott and tell him he needs to veto HB87!
Mortgage Foreclosure Bill will violate our "Due Process" rights.
HB87 would expedite the Foreclosure process in our courts, which
would deprive property owners the time needed to gather evidence in their
defense. This legislation would violate citizen's right to due process
guaranteed in the 5th and 14th Amendment in the US Constitution. Due
process guarantees fundamental fairness and acts as a safeguard from
arbitrary denial of life, liberty and property. With lenders being
investigated for possible mortgage fraud, now is not the time to fast track
the foreclosure process and violate citizen's right to due process. The
only thing standing in the way is a veto by Governor Rick Scott
HB87 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.
If Governor Scott signs HB87 into law, homeowners will face a new
version of due process before the law. The essence of due process in our
legal system is found in the burden of proof: "the necessity of proof
0bdd&id=e2b4e56a04&e=b287448ef1> 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 HB87.
HB 87, Section[masked], subsection (1) turns due process upside down
bdd&id=3b92c87b71&e=b287448ef1> . (Lines[masked], pp. 9, 10)
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. 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. There have been over 700 families
identified who never missed a mortgage payment and were foreclosed upon
anyway. They were identified in the National Mortgage Settlement.
HB87 has many bad elements in the language of this bill:
·It's retroactive (which only the Florida Supreme Court can do
·It mandates hearings by judges in chambers and tilts to the
plaintiff (in violation of Florida public courts law and the constitution)
·It takes away renters rights of notice (in violation of Federal
·It takes away homeowners rights to get their home back if they find
fraud (and since discovery is no longer allowed with "fast tracking"--good
·The homeowner has to pay their mortgage while defending it (this
despite proof that many times the plaintiff suing is not the correct
Governor Scott may make his decision as early as Monday. Please call
his office early Monday morning and tell him that Legal Constitutional
Scholars have determined that HB87 is unconstitutional and violates our due
Governor Scott: (850)[masked]
Also, please click here to sign the petition to Governor Scott.
Copyright © 2013 John Hallman, All rights reserved.
I am looking forward to sharing some important information with you.
Our mailing address is:
PO Box 2349
Bushnell, Fl 33513
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