Re: [rlccef] Fw: Tell Governor Scott to Protect the Constitution! (Barf Alert)

From: Randal A.
Sent on: Monday, May 13, 2013 7:46 AM
I believe that Mr. Hallman may perceive his legal rights incorrectly. It is HE that gives the bank the Mortgage - it is HE that promises to pay the money back to the Bank. It is HE that puts up the property as collateral. This bill is long overdue, for it will speed up the process of legitimate foreclosure, it will place responsibility where it should lie and it will return poroperties to a market in the most efficient manner, incurring the least costs.
Randal


From: James Boyd <[address removed]>
To: [address removed]
Sent: Sunday, May 12,[masked]:53 PM
Subject: RE: [rlccef] Fw: Tell Governor Scott to Protect the Constitution! (Barf Alert)

I agree with Scott Ellis. Those among us in HOAs have many delinguent HOA members in foreclosure which drag on for years and years while the rest of us have to pay extra fees to make up for their  non-payment. I hope for the sake of those who pay on time the Governor signs this bill.
Jim Boyd
--- On Sun, 5/12/13, Scott Ellis <[address removed]> wrote:

From: Scott Ellis <[address removed]>
Subject: RE: [rlccef] Fw: Tell Governor Scott to Protect the Constitution!
To: [address removed]
Date: Sunday, May 12, 2013, 7:25 PM

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?

-----Original Message-----
From: [address removed] [mailto:[address removed]] On Behalf Of
Bob White
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®

-----Original Message-----
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
<http://us5.campaign-archive1.com/?u=85e6877146ca8bd1caf2f0bdd&id=91ccd2c696
&e=b287448ef1> .

          
        

<http://johnhallman.us5.list-manage1.com/track/click?u=85e6877146ca8bd1caf2f
0bdd&id=71ed93c774&e=b287448ef1>         
             
     


    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
<http://johnhallman.us5.list-manage2.com/track/click?u=85e6877146ca8bd1caf2f
0bdd&id=34ef972818&e=b287448ef1> . 
   
    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
<http://johnhallman.us5.list-manage1.com/track/click?u=85e6877146ca8bd1caf2f
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
<http://johnhallman.us5.list-manage.com/track/click?u=85e6877146ca8bd1caf2f0
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
legally)
    ·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
law)
    ·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
luck)
    ·The homeowner has to pay their mortgage while defending it (this
despite proof that many times the plaintiff suing is not the correct
plaintiff
   
     
    TAKE ACTION:
   
    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
process rights.
   
    Governor Scott: (850)[masked]
   
    Also, please click here to sign the petition to Governor Scott.
<http://johnhallman.us5.list-manage1.com/track/click?u=85e6877146ca8bd1caf2f
0bdd&id=cbb9f26a8d&e=b287448ef1>
   
   
    In Liberty,
   
    John Hallman
   
    www.johnhallman.org
<http://johnhallman.us5.list-manage.com/track/click?u=85e6877146ca8bd1caf2f0
bdd&id=3946f5679c&e=b287448ef1>
    www.libertyfirstfl.org
<http://johnhallman.us5.list-manage1.com/track/click?u=85e6877146ca8bd1caf2f
0bdd&id=366cfa7246&e=b287448ef1>
   
   
   
   
   
   
   
   
                                               
<http://twitter.com/?status=Tell%20Governor%20Scott%20to%20Protect%20the%20C
onstitution%21%20-%20http%3A%2F%2Feepurl.com%2FznHbb>
<http://www.facebook.com/share.php?u=http%3A%2F%2Fus5.campaign-archive2.com%
2F%3Fu%3D85e6877146ca8bd1caf2f0bdd%26id%3D91ccd2c696&t=Tell%20Governor%20Sco
tt%20to%20Protect%20the%20Constitution%21>
<http://www.myspace.com/Modules/PostTo/Pages/?u=http%3A%2F%2Fus5.campaign-ar
chive2.com%2F%3Fu%3D85e6877146ca8bd1caf2f0bdd%26id%3D91ccd2c696&amp;t=Tell%2
0Governor%20Scott%20to%20Protect%20the%20Constitution%21>
<http://digg.com/submit?phase=2&url=http%3A%2F%2Fus5.campaign-archive2.com%2
F%3Fu%3D85e6877146ca8bd1caf2f0bdd%26id%3D91ccd2c696&title=Tell%20Governor%20
Scott%20to%20Protect%20the%20Constitution%21>
<http://www.stumbleupon.com/submit?url=http%3A%2F%2Fus5.campaign-archive2.co
m%2F%3Fu%3D85e6877146ca8bd1caf2f0bdd%26id%3D91ccd2c696&title=Tell%20Governor
%20Scott%20to%20Protect%20the%20Constitution%21>
<http://del.icio.us/post?url=http%3A%2F%2Fus5.campaign-archive2.com%2F%3Fu%3
D85e6877146ca8bd1caf2f0bdd%26id%3D91ccd2c696&title=Tell%20Governor%20Scott%2
0to%20Protect%20the%20Constitution%21>
     
   
       
           

<http://johnhallman.us5.list-manage.com/track/click?u=85e6877146ca8bd1caf2f0
bdd&id=e6bc3c96dd&e=b287448ef1>
<http://johnhallman.us5.list-manage.com/track/click?u=85e6877146ca8bd1caf2f0
bdd&id=70ac29533e&e=b287448ef1>
<http://johnhallman.us5.list-manage1.com/track/click?u=85e6877146ca8bd1caf2f
0bdd&id=fd629962bf&e=b287448ef1>
<http://johnhallman.us5.list-manage.com/subscribe?u=85e6877146ca8bd1caf2f0bd
d&id=6320fdddcc>      


     

<http://gallery.mailchimp.com/653153ae841fd11de66ad181a/images/transparent.g
if>
     

<http://gallery.mailchimp.com/653153ae841fd11de66ad181a/images/transparent.g
if>
   
             
     



Copyright © 2013 John Hallman, All rights reserved.
I am looking forward to sharing some important information with you.
Our mailing address is:
John Hallman
PO Box 2349
Bushnell, Fl 33513
PH: (352)[masked]

<http://www.mailchimp.com/monkey-rewards/?utm_source=freemium_newsletter&utm
_medium=email&utm_campaign=monkey_rewards&aid=85e6877146ca8bd1caf2f0bdd&afl=
1>

 unsubscribe from this list
<http://johnhallman.us5.list-manage1.com/unsubscribe?u=85e6877146ca8bd1caf2f
0bdd&id=6320fdddcc&e=b287448ef1&c=91ccd2c696>  | update subscription
preferences
<http://johnhallman.us5.list-manage.com/profile?u=85e6877146ca8bd1caf2f0bdd&
id=6320fdddcc&e=b287448ef1>

<http://johnhallman.us5.list-manage.com/track/open.php?u=85e6877146ca8bd1caf
2f0bdd&id=91ccd2c696&e=b287448ef1>



--
Please Note: If you hit "REPLY", your message will be sent to everyone on
this mailing list ([address removed]) http://www.meetup.com/rlccef/
This message was sent by Bob White ([address removed]) from Republican
Liberty Caucus of Central East Florida.
To learn more about Bob White, visit his/her member profile:
http://www.meetup.com/rlccef/members/9065467/
Set my mailing list to email me

As they are sent
http://www.meetup.com/rlccef/list_prefs/?pref=1

In one daily email
http://www.meetup.com/rlccef/list_prefs/?pref=2

Don't send me mailing list messages
http://www.meetup.com/rlccef/list_prefs/?pref=0
Meetup, POB 4668 #37895 NY NY USA 10163 | [address removed]








--
Please Note: If you hit "REPLY", your message will be sent to everyone on this mailing list ([address removed])
http://www.meetup.com/rlccef/
This message was sent by Scott Ellis ([address removed]) from Republican Liberty Caucus of Central East Florida.
To learn more about Scott Ellis, visit his/her member profile: http://www.meetup.com/rlccef/members/25459532/
Set my mailing list to email me

As they are sent
http://www.meetup.com/rlccef/list_prefs/?pref=1

In one daily email
http://www.meetup.com/rlccef/list_prefs/?pref=2

Don't send me mailing list messages
http://www.meetup.com/rlccef/list_prefs/?pref=0
Meetup, POB 4668 #37895 NY NY USA 10163 | [address removed]





--
Please Note: If you hit "REPLY", your message will be sent to everyone on this mailing list ([address removed])
This message was sent by James Boyd ([address removed]) from Republican Liberty Caucus of Central East Florida.
To learn more about James Boyd, visit his/her member profile
Set my mailing list to email me As they are sent | In one daily email | Don't send me mailing list messages

Meetup, POB 4668 #37895 NY NY USA 10163 | [address removed]


Our Sponsors

People in this
Meetup are also in:

Sign up

Meetup members, Log in

By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy