<?xml version="1.0" encoding="UTF-8"?>
<!--Generated by Squarespace Site Server v5.11.81 (http://www.squarespace.com/) on Tue, 29 May 2012 18:23:18 GMT--><rss xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:dc="http://purl.org/dc/elements/1.1/" version="2.0"><channel><title>MyBlog</title><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/</link><description></description><lastBuildDate>Mon, 14 Nov 2011 18:36:39 +0000</lastBuildDate><copyright></copyright><language>en-US</language><generator>Squarespace Site Server v5.11.81 (http://www.squarespace.com/)</generator><item><title>Who is Holder in Due Course in Florida?</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Mon, 03 Oct 2011 16:39:33 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2011/10/3/who-is-holder-in-due-course-in-florida.html</link><guid isPermaLink="false">374056:4051462:13063985</guid><description><![CDATA[<p>Pursuant to F.S 673.3021 a party cannot become holder in due course if it purchased a mortgage  loan that is in default or bought the mortgage as part of a bulk  purchase.</p>
<p>Therefore the purchaser of mortgages of a failed bank  cannot claim holder in due course status. That's a legal weapon that can  be used against pretender lenders.<br /><br />673.3021&emsp;Holder in due course.&mdash;<br />(1)&emsp;Subject to subsection (3) and s. 673.1061(4), the term &ldquo;holder in due course&rdquo; means the holder of an instrument if:<br />(a) &emsp;The instrument when issued or negotiated to the holder does not bear  such apparent evidence of forgery or alteration or is not otherwise so  irregular or incomplete as to call into question its authenticity; and<br />(b)&emsp;The holder took the instrument:<br />1.&emsp;For value;<br />2.&emsp;In good faith;<br />3. &emsp;<strong>Without notice that the instrument is overdue or has been dishonored or  that there is an uncured default with respect to payment of another  instrument issued as part of the same series;</strong><br />4.&emsp;Without notice that the instrument contains an unauthorized signature or has been altered;<br />5.&emsp;Without notice of any claim to the instrument described in s. 673.3061; and<br />6.&emsp;Without notice that any party has a defense or claim in recoupment described in s. 673.3051(1).<br /><br /><br />F.S. 673.3021(3)<br />Except  to the extent a transferor or predecessor in interest has rights as a  holder in due course, a person does not acquire rights of a holder in  due course of an instrument taken:<br />(a)&emsp;By legal process or by purchase in an execution, bankruptcy, or creditor&rsquo;s sale or similar proceeding;<br /><strong>(b)&emsp;By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or<br />(c)&emsp;As the successor in interest to an estate or other organization.</strong></p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-13063985.xml</wfw:commentRss></item><item><title>Fatal Mistakes Pro Se Make</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Tue, 20 Sep 2011 17:33:04 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2011/9/20/fatal-mistakes-pro-se-make.html</link><guid isPermaLink="false">374056:4051462:12926563</guid><description><![CDATA[<p>In a foreclosure suits it is crucial for the pro se to learn the rule of evidence. It is the bedrock of your defense. If you don't understand the rule of evidence, the plaintiff will run circles around you.</p>
<p>There are three fatal mistakes most pro se and lot of defense attorneys make:</p>
<p><strong>1) Admitting that there is a default on the mortgage.</strong><br />It is the job of the plaintiff to prove that you defaulted on the mortgage and that they sent you a notice of default. Why would you make their life easier when you really don't know if there is a default on the mortgage? Remember that third parties, such as insurance, servicers, credit default swaps could be paying the mortgage without you knowing.</p>
<p>In Harvey v. Deutche Bank (4th DCA 2011) the court said "Importantly, Harvey has never denied that she was in default as to her mortgage payments."</p>
<p><strong>2) Admitting that the promissory note and mortgage are authentic.</strong><br />That's is probably the biggest mistake amongst them. You must challenge the authenticity of each signature and force the plaintiff to prove that the documents are authentic. The plaintiff has the burden of proof, not the defendant.</p>
<p><strong>3) Failing to object to plaintiff's affidavits.</strong><br />If you don't challenge the affidavits, they stand; and it is a powerful weapon in plaintiff arsenal. They don't have to bring in a live witness to testify. If you object to the affidavits, then they have to bring in a live person to give sworn testimony.</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-12926563.xml</wfw:commentRss></item><item><title>Brevard County Foreclosure Procedures</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Wed, 23 Mar 2011 02:35:31 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2011/3/22/brevard-county-foreclosure-procedures.html</link><guid isPermaLink="false">374056:4051462:10879429</guid><description><![CDATA[<p>Brevard county recently revised their foreclosure procedures. They really came down hard on the foreclosure mills and their clients. Every pro se should read <a href="http://www.foreclosureprose.com/storage/forms/Brevard-Mortgage-Foreclosure-Procedures.pdf" target="_blank">this document </a>in order to learn the dirty tricks the mills play on unsuspected defendants.</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-10879429.xml</wfw:commentRss></item><item><title>Where to Serve America's Servicing Company (ASC)</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Fri, 18 Mar 2011 20:21:35 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2011/3/18/where-to-serve-americas-servicing-company-asc.html</link><guid isPermaLink="false">374056:4051462:10838847</guid><description><![CDATA[<p>America's Servicing Company (ASC) is one of the biggest loan servicing company in the country. If you're suing them, you may find it little difficult to locate their registered agent. ASC is owned by Wells Fargo Bank N.A. and Wells Fargo has a registered agent in practically every state. In Florida it is:</p>
<p>Wells Fargo Bank N.A<br />Corporation Service Company<br />1201 Hays Street<br />Tallahaassee, FL 32301</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-10838847.xml</wfw:commentRss></item><item><title>Motion For Reconsideration vs. Motion For Rehearing</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Fri, 11 Mar 2011 00:30:58 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2011/3/10/motion-for-reconsideration-vs-motion-for-rehearing.html</link><guid isPermaLink="false">374056:4051462:10744640</guid><description><![CDATA[<p>What is the difference between a motion for reconsideration and a motion for rehearing?<br />A motion for reconsideration is for non-final orders. For instance if you file for a motion to strike an affidavit and the judge denies your motion, you will file a motion for reconsideration; that will allow the judge to review his/her order and amend if necessary.<br />However, a motion for rehearing is for final orders and must be filed within 10 days from the verdict if it is a jury trial or 10 days from the filing of the order if it is an non-jury trial.<br />A final order is an order that concludes the proceeding.﻿</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-10744640.xml</wfw:commentRss></item><item><title>Notice of Designation of Homestead</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Sat, 16 Oct 2010 02:07:57 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2010/10/15/notice-of-designation-of-homestead.html</link><guid isPermaLink="false">374056:4051462:9197656</guid><description><![CDATA[<p>In Florida a primary residence (homestead property) enjoys a lot of benefits; one of which is protection against insecured debts and judgments. The law does not require that you give public notice of your homestead; however it is a good idea. A creditor may illegally put a lien on your homestead property. That lien could prevent you from selling your home. Fixing the problem it will require a judge order.</p>
<p>By recording a <a href="http://www.foreclosureprose.com/storage/forms/HomesteadDesignation.rtf" target="_blank">Notice of Designation of Homestead</a>, you put all potential creditors on notice that your property is exempt from any insecure debts and judgment liens. The recording fee is about $30.</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-9197656.xml</wfw:commentRss></item><item><title>Quiet Title Victory</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Sun, 19 Sep 2010 21:13:37 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2010/9/19/quiet-title-victory.html</link><guid isPermaLink="false">374056:4051462:8931861</guid><description><![CDATA[<p>I am happy to announce that I was successful in quieting title to one of my properties in Florida. I rescinded the loan a couple of years ago under TILA and RESPA. The original lender is out of business. I went on the quiet title offensive before the pretender lender could foreclose. I think that more homeowners should file for QT. I have posted a step-by-step instruction on how to do it available <a href="http://www.foreclosureprose.com/how-to-quiet-title">here</a>.</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-8931861.xml</wfw:commentRss></item><item><title>Fake Cost Bond</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Sat, 11 Sep 2010 22:07:45 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2010/9/11/fake-cost-bond.html</link><guid isPermaLink="false">374056:4051462:8846473</guid><description><![CDATA[<p class="contenttext">In order to circumvent the cost bond requirement (F.S. 57.001)&nbsp; the mill will post a bond with the clerk when challenged. The problem with the cost bond posted by the mill is that the attorney is acting as a surety for the plaintiff. That is illigal. An attorney cannot act as surety according to F.S 454.20 and Florida Rules of Judicial Administration 2.060(f).<br />The Fourth Judicial Circuit Court Granted Defendant&rsquo;s Motion to Dismiss the pending foreclosure case for Plaintiff&rsquo;s failing to post the statutorily required non-resident cost bond and stated, &ldquo;The Florida Statutes require that a foreign corporation instituting legal action in the State of Florida post a bond with the clerk of court prior to moving forward with the legal action. Citigroup Global Markets v. Bumbu, 16 Fla. L. Weekly Supp. 737a (Fourth Judicial Circuit, Clay County, June 2, 2009.)</p>
<p class="contenttext">The mill will have a problem with this requirement because the REAL plaintiff has to obtain a bond from a third party surety company. As we all know, servicers use fake entities to foreclosure on people. A surety bond company will certainly not participate in their shell game for liability reasons. So the moral of the story is to keep pressing the issue. Don't give up on the cost bond.</p>
<p class="contenttext">&nbsp;</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-8846473.xml</wfw:commentRss></item><item><title>Florida Courts Unconstitutional Restriction on Unrepresented Parties</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Sun, 15 Aug 2010 19:25:54 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2010/8/15/florida-courts-unconstitutional-restriction-on-unrepresented.html</link><guid isPermaLink="false">374056:4051462:8565001</guid><description><![CDATA[<p>A little update on my yesterday post. I have heart that the unconstitutional restriction on unrepresented parties has been experienced by people all around the state. This is a potential federal issue that may warrant an investigation by the US Attorney General.</p>
<p>It is imperative that people file complaints in writing. If you have experienced the same problem, please contact me.</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-8565001.xml</wfw:commentRss></item><item><title>Hillsborough County Court Unconstitutional Restriction on Unrepresented Parties</title><dc:creator>Foreclosure Pro Se</dc:creator><pubDate>Sat, 14 Aug 2010 16:20:36 +0000</pubDate><link>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/2010/8/14/hillsborough-county-court-unconstitutional-restriction-on-un.html</link><guid isPermaLink="false">374056:4051462:8556377</guid><description><![CDATA[<p>Hillsborough county court in Florida has recently instituted an unwritten rule restricting access to court to unrepresented foreclosure defendants. All foreclosure pro se are now required to write a letter to the judge asking permission to schedule a hearing on their motions. This is a blatant attack on people right to due process; it is unconstitutional. <br /> A new division has been created to handle foreclosure cases only. Those cases are being heard by several retired judges in such an expedient fashion that a defendant has little change to defend his or herself. This tactic is also known as &ldquo;rocket docket&rdquo;. It is being implemented throughout the entire state. &nbsp;Expediency should not be at the expense of justice.<br /> If you&rsquo;re a pro se and you are being denied due process right, please file a complaint with <a href="http://floridajqc.com/" target="_blank">Florida Judicial Qualifications Commission</a> and appeal to the District Court.</p>
<p>&nbsp;</p>
<p><span class="il">&nbsp;</span></p>
<p>﻿</p>]]></description><wfw:commentRss>http://www.foreclosureprose.com/a-foreclosure-pro-se-blog/rss-comments-entry-8556377.xml</wfw:commentRss></item></channel></rss>
