First a word of warning. Pro Se Homeowners should NEVER, NEVER, NEVER file appeals on their own. Appeals are terribly significant events that should only be handled by experienced professionals. Appeals filed with improper facts give the opposing party the opportunity to make bad law out of bad facts. And pro se parties lack the ability to recognize what those bad facts are that could be forever codified into law. We have seen several examples of this already and the practice and our existing laws have been damaged irreparably, hurting untold numbers of fellow fighters.
A graduate of the Florida State University and the Florida State University College of Law, Mr. Weidner first served as counsel to several statewide professional organizations before entering private practice in Jacksonville, Florida. A partner in the firm, Weidner, Bowden & Weidner, P.A. his scope of practice included administrative law, civil litigation and real estate litigation and where he represented individuals and corporations in a wide range of complex legal matters. Mr. Weidner was admitted to the Florida Bar in 1999 and is admitted to practice in the Federal Court, Middle District of Florida, Northern District of Florida and the United States Court of Appeals for the Federal 11th Circuit in Atlanta, Georgia. Mr. Weidner has been practicing civil litigation since 1999 and has represented clients in foreclosure, consumer and commercial finance transactions and civil litigation since that time.
Defendants’ final (and weakest) argument is that homeowners like plaintiffs “will not
be prejudiced” if the chain of assignments from original lender to foreclosing entity were
immune to debtor challenge. After all, the argument apparently goes, the Millers owe the
money to somebody. In truth, the potential prejudice is both plain and severe – foreclosure
by the wrong entity does not discharge the homeowner’s debt, and leaves them vulnerable
to another action on the same note by the true creditor. Banks are neither private attorneys
general nor bounty hunters, armed with a roving commission to seek out defaulting
homeowners and take away their homes in satisfaction of some other bank’s deed of trust.
MasterCard has no right to sue for debts rung up on a Visa card, and that remains true even
if MasterCard has been assigned the rights of another third party like American Express.
Unless and until a complete chain of transactions back to the original lender is shown,
MasterCard remains a stranger to the original transaction with no claim against the debtor.
And that is a fair description of this case in its present posture.
It’s been a while since I’ve dropped a BOMBSHELL….I’ve frankly been a bit per-occupied with several more important things.
But the documentation of the biggest crime spree ever perpetrated on a nation continues to be rolled out….and it continues to be ignored by EVERYONE IN THIS ENTIRE NATION!
I can only pound on the indictment of insurance fraud documented in the 49 State Attorney General Sellout. The press refuses to report on how we’ve all been sold out by the government that serves the banks…but I digress. No one cares about that anymore.
No one really knows just how many billions of our taxpayer dollars GMAC received.
What is clear is that even after receiving billions from Amerikan taxpayers, GMAC continues to plow right ahead throwing American families into the street. Meanwhile, GMAC filed bankruptcy in an effort to flush out obligations to creditors. But what about relief for the families that bailed them out? Right, once again we get nothing…..
But the executives that drove the company into the ground are demanding millions of dollars in compensation for…..taking billions of taxpayer dollars, continuing to throw Americans into the street and then trying to walk away from the wreckage. Fortunately, a federal judge has rejected this slap in the face to the American taxpayer and families.
Actually, that’s a trick question.
The answer, you compliant sheep now called Amerikans, is…..
WE’RE FROM THE BANKS AND WE DON’T HAVE TO KNOCK AT ALL, WE JUST KICK DOWN YOUR DOOR, DRILL OUT YOUR LOCKS, TAKE YOUR PERSONAL PROPERTY, IGNORE UNLICENSED CONTRACTING LAWS…
AND THE BEST THING IS….
YOU CAN’T DO ANYTHING ABOUT IT!