Tell Governor Scott to Protect Free Rents and Housing

From: Scott E.
Sent on: Tuesday, May 14, 2013 7:08 AM

I did read this, and I have lived this now going back to 2006.  I have not changed what I tell people today versus what I have told them all along.

 

“You took out a collateralized loan.   You know the house is the collateral.  You know if you fail to make the payments you lose the collateral.”

 

John Hallman is on the same line as the people working the system for a free place to live or even a free house.

 

“HB87 shifts the burden of proof from the plaintiff, typically a bank, to the defendant, the homeowner.”

 

If the homeowner produces the simple statement his payments are current the foreclosure would be dismissed.  Of course, that would be the one foreclosure filed (not completed) out of every 10,000 or more filed.

 

If the homeowner is not making the payments on a collateralized loan he knows full well ethically he should give up the property, but by twisting the courts and Florida law the ‘system’ can be worked for years.  Hallman’s issue with ‘burden of proof’ is the perfect dog–cheat-dog whatever can be done legally mindset that has helped torpedo our society.  Forget anything about ethics, take anything you can if you can get away with it.  What ‘burden of proof’ is needed beyond the fact the payments are current? 

 

Small fender bender, simply sue the person and claim bogus injuries and shake down their insurance for $10,000 to $50,000.  Heck, it’s free money and the insurance companies can afford it.  Why make your house payment when you can strategically default and then hire a lawyer for ‘foreclosure defense’ while you can bank the missed house payments for years until you may eventually be removed?

 

John does not think people who fail to pay on a collateralized loan should lose the collateral?  Well, maybe he thinks they should give it up after years of living for free in the home, or worse if a condo, living for free for years off your fellow tenants as they have to cover the difference for the maintenance fees you are not paying.

 

Property rights go both ways, debtor and creditor.

 

Hallman is simply appealing to the worst of people’s emotions, like the national administration, in we should stick it to the creditors because they can afford it.

 

 

 

 

 

From: [address removed] [mailto:[address removed]] On Behalf Of Bob White
Sent: Tuesday, May 14,[masked]:22 AM
To: [address removed]
Subject: RE: [rlccef] Fw: Tell Governor Scott to Protect the Constitution!

 

I think a lot of people responding on this thread have missed John's point entirely. No one, John included, would disagree with the basic premise that if a person can't or won't make their payments they should lose their home. As Roger said, that is a "no brainer". I agree with Scott that the procedure should be stream lined to allow these cases to move more swiftly. The question is, is this bill the right vehicle to accomplish that. I think the first sentence in his opening paragraph creates some of the confusion. I don't think his intent with that opening sentence was to imply that any attempt to streamline the process was a mistake, it's just the way this bill goes about it. Try reading his explanation without that first sentence. Are the changes in the process contained in this bill the correct way to accomplish foreclosure reform? That's the issue.
Bob White


From: [address removed]
To: [address removed]
Subject: Re: [rlccef] Fw: Tell Governor Scott to Protect the Constitution!
Date: Mon, 13 May[masked]:40:42 -0400

If I sign a note, the holder of the note is who I owe the debt to.  If a plaintiff is unable to produce the wet-ink version of the note, where is the proof of the debt?

 

On Mon, May 13, 2013 at 9:02 AM, Scott Ellis <[address removed]> wrote:

Current ‘law’ is allowing people two to four years of free living in their home.  The bill is designed to stop the dragging out of the free rent.  Fast tracking will still take months.  Most other states are not like Florida, you don’t get the deed until you make the last payment, and it does not take years to move through a foreclosure.  We are still auctioning properties where the owners quit paying in 2007 and 2008.

 

From: [address removed] [mailto:[address removed]] On Behalf Of Roger Gangitano
Sent: Monday, May 13,[masked]:55 AM
To: [address removed]
Subject: Re: [rlccef] Fw: Tell Governor Scott to Protect the Constitution!

 

I would have thought that was a no-brainer. If you don't pay your mortgage,    eventually, you lose the home. I thought foreclosure proceedings usually start when the borrower is 4 months behind. I guess it varies as to how long it takes for the lender to get you out of the home, but if you don't pay - you eventually lose the home. Same with a car loan, or ANY loan that was secured with collateral. You don't pay - You don't keep what you were supposed to pay for.

 

I am not, however, in  favor of "fast-tracking" the foreclosure process or shifting the burden of proof onto the homeowner, or borrower. I agree that when a plaintiff initiates action against a defendant, the responsibility to prove the case lies with the plaintiff. That just seems logical and proper.

Roger

 

 

 

 

On May 12, 2013, at 7:25 PM, Scott Ellis wrote:

 

I don’t 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 don’t 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
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            www.libertyfirstfl.org
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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]

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If Obama was the "enemy" with ALL the word implies, WHAT would he be doing differently than what he is doing now?

The Integrity of the White House has been compromised and our country is under siege.

The enemy is in our midst!

          So Says,

                    The BOJWON - 

 





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