Florida Appellate Court Holds Dismissal of Foreclosure Action Could Time Bar Subsequent Action


Originally posted on Justice League:

A recent Florida Third District Court of Appeal opinion should put Florida mortgage lenders on notice: If a foreclosure action is dismissed without prejudice, the lender must affirmatively decelerate the loan or risk that the statute of limitations will run and bar a future foreclosure action.

In Deutsche Bank Trust Company Americas v. Beauvais, the Third DCA determined that a dismissalwithout prejudice does not decelerate a previously accelerated mortgage. While at first read,Beauvais may appear to conflict with the Supreme Court of Florida’s 2004 ruling in Singleton v. Greymar Assocs., the Beauvais Court in fact harmonized issues arising when foreclosure is not completed after acceleration with Singleton.

In Singleton, Florida’s Supreme Court had to decide whether a dismissal with prejudice would support a res judicata defense to a subsequent foreclosure action. The Court in Beauvais interpretedSingleton as holding that a dismissal with prejudice

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Fort Lauderdale Cop Slaps Homeless Man Around


The cop thinks he is a god, he slaps the old homeless man and speaks to him in a manner as if the cop is the owner of the whole world.

Breaking Video Shows Fort Lauderdale Cop Slapping Homeless Man Who Wanted to Use Restroom: “You’re Not Going to Pee!”

A video is being shared online of what appears to be a Fort Lauderdale police officer pushing a man to the ground before delivering a vicious slap — all because the man wanted to use a public restroom.

In the video, which appears to take place at the Broward Central Bus Terminal in downtown Fort Lauderdale, a man who looks to be in his late fifties walks slowly through the terminal while the officer follows behind, slipping on latex gloves. The officer then grabs the man’s arm and the man jerks away — that’s when the officer pushes him to the ground.

The man, lying on the ground, shouts “Fuck you!” at the cop, to which the cop responds by pointing his latex-covered finger at the man and says, “Relax. I’m telling you right now what’s gonna happen. I’m telling you right now what’s gonna happen. I’m escorting you out right now.”

“I want to go pee,” pleads the man.

“You’re not going to go pee,” the cop answers. “You’re not supposed to pee here.”

Moments later, the cop reaches back and smacks the man across his face.

The officer then accuses the man of “trying to fight me,” which the video clearly shows did not happen.

After placing the man in handcuffs, the cop proceeds to deliver a lecture: “I tell you what to do and you do it. It’s that simple,” he says.

http://blogs.browardpalmbeach.com/…/video_shows_cop_slappin…

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In California a wrongful Foreclosure is now considered a TORT


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In California a wrongful foreclosure is considered a TORT the Californians did very well for themselves, congratulations to the fighters. haha now they can hope to be wrongfully foreclosed, its now worth a lot of money to lose your home in CA as a result of wrongful foreclosure, how life has changed for them but millions have lost their homes.

I recall back in 2006 to 2008 when we began to fight the banks people were so critical of us, but we stood up strong and gave the big banksters a good run for their money, they did us so many wrong things but we stood up to the bastards I did and I made it very public too I would travel to CA to give foreclosure defence classes, to lawyers and pro se people alike…now I can say we won the battle, at least those of us who stayed in our homes and I believe we number in the thousands I know a few hundred of us, nationwide, we kicked their asses very well and took the homes from them.

I think if you live in CA and you found an empty home owned by some trust company you can simply move in and take the fucking home or go take back you old home, kick the new owners out with a legal action, the bank will pay up instead of going to court, which may be better for them than facing statuary law and huge settlement by way of court order.

if any group of people who fought and won a battle it was the home-owners nationwide, we did our protest on the computer, in court and in private chat-rooms, we stuck together in a rag tag format and took them out, goes to show how when you are adamant and concentrated you can be successful.

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Twitter Reveals Inequity of Baltimore’s Curfew Enforcement


Originally posted on DC Brand 99:

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STANDING: Banks Swimming Upstream as Shell Game Continues in SALMON CASE


Originally posted on Livinglies's Weblog:

For further information please call 520-405-1688 or 954-494-6000.

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see 4th DCA Salmon v Foreclosed Asset sales and Transfer CorpDOC042315

I have often reminded lawyers that Judges NEVER get reversed when they deny a motion for summary judgment. When they grant summary judgment in foreclosure cases, their vulnerability to a reversal increases exponentially. In the SALMON case, the appellate court greets the foreclosing party with sarcasm and frustration, reversing the peremptory granting of summary judgment of foreclosure entered by the trial judge.

The shell game of changing entities combined with inexplicable acronyms in the names of new entities entering the picture is alerting courts across the country that we might just be dealing with organized crime. It is at least true that these strategies are typically used by criminal organizations to avoid detection and prosecution by creating an endless series of layers, transfers and roadblocks through the process of incorporation…

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When Rescission Was Ignored and Final Order/Judgment Entered: What now?


Originally posted on Livinglies's Weblog:

For further information please call 520-405-1688 or 954-495-9867

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One of the warriors in this fight just got a negative result in court relating to rescission. Not surprising. Judges never liked TILA and they certainly don’t like rescission, but Justice Scalia made it very plain that the Judges must apply the law as it is — not as they think it should be.

The facts are that the notice of rescission was sent years ago and the bank stonewalled it — the very thing that Congress wanted to make very painful for banks. While Judges all over the country were saying I was wrong about rescission under TILA and applying common law principles, the outcome was very predictable — they found reasons why the rescission was not effective. But Scalia in Jesinowski changed all that. TILA rescission is effective by operation of law at the time the notice is dropped…

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U.S. Forced to Import Corn as Shoppers Demand Organic Food | GOVTSLAVES.INFO


Originally posted on The Invisible Opportunity: Hidden Truths Revealed:

(Alan Bjerga)  A growing demand for organics, and the near-total reliance by U.S. farmers on genetically modified corn and soybeans, is driving a surge in imports from other nations where crops largely are free of bioengineering.

Imports such as corn from Romania and soybeans from India are booming, according to an analysis of U.S. trade data released Wednesday by the Organic Trade Association and Pennsylvania State University.

That shows a potential market for U.S. growers willing to avoid the use of artificial chemicals and genetically modified seeds, said Laura Batcha, chief executive officer of the association, which includes Whole Foods Market Inc., Whitewave Foods Co. and Earthbound Farm LLC.

The report is “a help-wanted sign” for U.S. farmers, Batcha said. “There are market distortions that are pretty striking.”

via U.S. Forced to Import Corn as Shoppers Demand Organic Food | GOVTSLAVES.INFO.

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