I find myself sitting here at 2:49AM writing a blog that I would have never expected to write. In this day of modern technology, our community has the ability to send out calls for a missing child. While I do not think anyone can or would argue the benefits of such a system, the exact implementation of it might come under more scrutiny.
At a time when the overwhelming majority of people (except of course the night owls at ActiveRain, and the nighttime workers) are in bed asleep, I would think the benefits of placing automated calls is out of line with common sense. And I seriously question the decision making of the person that made the decision to make calls at 2AM. Maybe by 6-7AM, you might have the early morning worker getting out and could potentially see the missing child. Maybe up until 9-10PM, even pushing it, up to 11PM, there might be a person running to the local convenience store, where getting this information out could be worthwhile. But at two in the morning, getting a wake up call, it seems that would not be advantageous. How much will you retain about the requested search when you were just woken up? How likely are you to run out into your neighborhood in your PJ's and look for this missing child? I think very unlikely.
I called the local Charlotte County Sheriff's Department about the decision making and got the watch commander, Lt Ogden, who made the decision to make the calls at 1AM. I asked about how truly beneficial could those calls be. And my concern was, if that is the decision making skills of the watch commander, there would likely be other very poor decisions made by this commander! I also asked to speak to her boss, and get this, she did not want to call her supervisor because it was 2AM. Hmmm, what is wrong with this picture? It is acceptable to call me at 2AM, but not acceptable to talk to this commanders boss at this same time? My feeling is that if you can call me at 2AM, then I can talk to your supervisor at this same time......and your thoughts are?
From what I have been learning about foreclosures, I have a lot to say, and I believe I have a lot of information that can help homeowners facing foreclosure. While I am not an attorney, and cannot give the advise that an attorney can give, I can express my thoughts, opinions, and research information to help a homeowner facing foreclosure make an informed decision about what to do when facing such a difficult situation. With or without the ability to hire an attorney will have some bearing on what course of action to take, but no matter whether you hire an attorney or not, you should learn all you can about how foreclosures happen, and what to expect in your situation.
Before I write these series of blogs, I was wondering if anyone that has faced foreclosure can give me any of their insights and information. I know from my research, I have yet to come across a foreclosure that completely had the legal grounds to foreclose a persons home. Of course, as we all know, that has not, and does not stop these fraudulent cases from being filed, nor stop the taking of these homes. I have read a lot of sites and will be distributing the information I have, but would appreciate any and all input and other sources of information to help homeowners in their time of need.
Thanks!
After researching foreclosures in Florida, it was becoming quite obvious there was a huge problem. I quickly found people willing to admit 80% did not have the legal grounds to foreclose. Almost as quickly, from my beginning research, I could not find a case that had the full grounds to foreclose. And still to this day, I have not seen a case where the proper legal grounds were met. Obviously attorneys, with the assistance of the judges, were getting these foreclosure through the system, but they did NOT have the legal grounds to do so. An attorney in Florida who is making every attempt possible to get the word out about all the fraud involved with foreclosures stated, "Don’t be so fast to leave your home just because you are “behind” on your mortgage. Those payments might not be due at all, or if they are, they are probably not owed to the entity you are paying. In almost EVERY case, the “lender” seeking to foreclose on your home never owned your mortgage or your note. Don’t be a victim… Challenge EVERYTHING!!! GO GET YOUR RECORDED DOCUMENTS!!! Notice even she is saying the lender foreclosing probably does not own the mortgage and note. I personally know of a friend that has not one, but TWO open foreclosures cases against him for the same mortgage and note, and worse yet, from the same bank. This does NOT make sense, but it is what is happening in this country! I commend Carol Asbury, Matt Weidner, April Charney, and the few other attorneys that are truly fighting the corruption. Check out another of Ms Asbury's articles, where she is calling on everyone to fight! And not just fight to fight, but there are sever ramifications if people do NOT fight - http://4closurefraud.org/2010/03/29/a-call-to-arms/ and her other blog - http://4closurefraud.org/2010/03/31/a-day-at-the-court/
Just the other day, I saw a related article in the New York Times about credit card companies suing and garnishing wages. Just like foreclosures, the article states, "In the rare event that a consumer battles back, creditors frequently lack the documentation to prove their claim, and cases are dropped. That is because many past-due debts are owned not by the that issued them, but by debt collectors who bought, for cents on the dollar, a list of names and amounts due." Pay Garnishments Rise as Debtors Fall behind
Why does it take someone to fight back in order for the case to be dropped? If they do not have the necessary grounds to begin with, why are they being allowed to continue forward? Are judges receiving kick-backs of some form or another? Why else would they allow this? Notice Carol Asbury pointing out that the bank that is suing her one client has PROOF that the bank was paid and out NO money, yet the judge ordered the foreclosure to continue. Why would a judge be complicit in fraud? What is his/her connection, as there can be no other explanation that I can see. Something is wrong here, and while I do not know exactly why this is being allowed, it is quite obvious something wrong is happening.
For some time now, in the media, while meeting with clients, and in talking to friends and family, everyone has someone to point their finger at to blame for the so-called "mortgage crisis" that is effecting our economy so much these days. Whether it is the mortgage brokers, Realtors, appraisers, wall street, bankers, underwriters, the borrowers themselves, loan officers, and countless other affiliated positions. An argument can be made to some degree for each and every person and their position and their effect on the 'crisis'.
I am not so sure that I would call it a crisis, although many are giving it that title. So in keeping with that only, I will continue to call it a crisis. I tend to think it was a planned destruction as I heard one 'anti-government' article call it, as that seems most fitting for what is really happening. The powers to be that run this country had to see it coming, and did nothing to stop it or even minimize its' impending impacts. To my understanding and interpretation, crisis is more of an abrupt, and more unexpected situation than what really has occurred not only in this country, but worldwide.
What has really caught my attention though, happened in front of my eyes a week ago in my little home county, Charlotte County Florida. And to me, it is not only so rudimentary, but I think it is so blatantly intertwined with what is going on in this country, and what is so wrong here. I helped a man, for his privacy I will call him Mr Smith, get down to the Charlotte County Sheriff's Office to retrieve some of his property that the Sheriff's Office has been holding for nearly a year now.
Now let me back track a little here, this man was pulled over more than a year ago on a traffic stop, and the reason for the stop, was the Deputy did not recognize his license plates. These plates were Indian Reservation license plates. If you do research, Indian Reservations that have their own plate and registrations (not all do I take it) then there is case law indicating that law enforcement MUST accept these plates and registration just like they accept out of state or even out of country (ie: Canadian, Mexican, etc.) license plates and registration. Yet the deputy arrested this man, and took his registration and license plates without Mr Smith's permission.
Mr Smith and the Deputy went to court, and the court decided there was no case here, and there was nothing to prosecute. Now here is where I think things start to get so out of hand, it is disgusting. Seems simple enough, go down the the Sheriff's Department and get your property back, correct? After all, our country is built on the Constitution, correct? And one of those most basic principals of this form of government, is the separation of power, correct? Remember that from elementary school? I do, and I am in my forties now! Apparently the Charlotte County Sheriff's Department, and Deputy Poole from that department are not aware of the separation of powers that the Constitution is based on, and that they are the Executive Branch of power, and that the other branch, the judicial branch, has determined there is NO CASE HERE.
The department is now in possession of stolen property from my understanding of what stolen property is based on Florida Statutes. It states to deprive someone of there possessions. Our court system ruled no case, Mr Smith asked for his property to be returned, and the department refuses? Why? Their stated reason, they still do not recognize the plates.
Much to my surprise and disappointment, I went with Mr Smith to go down to the Charlotte County Sheriff's Office to retrieve his property. If I had heard this story from anyone, including Mr Smith himself, I would have felt that he exaggerated his story, and it could not have been this bad, but I actually witnessed the events on Monday September 21, 2009 at the Sheriff's Office. Deputy Poole came out into the lobby to speak to Mr Smith and asked what he wanted. Right from the very beginning, Deputy Poole was rude, and clearly attempting to provoke at least an argument, or potentially a physical confrontation. Yet, Mr Smith was respectful for all but the last two times that he was asking for his property to be returned, in which he raised his voice and got very close to Deputy Poole's face. However, Mr Smith did not become physical. Upon Deputy Poole asking for proof of ownership of the registration and title, to which Mr Smith had brought with him to show the Deputy, which was also grabbed from Mr Smith's hands. It was then, that I witnessed a criminal act of a deputy, in which Deputy Poole refused to return not only the original plates and paperwork, but the paperwork Mr Smith brought with him to prove it was his and the required documentation of the vehicle title and registration from the Indian Tribe proving his registration and title to the vehicle.
Deputy Poole needs to return to elementary school and learn the basics of our country and our Constitution. It is this kind of blatant ignorance of the constitution that I believe has also contributed to the downfall of much of our country, not just the so-called "mortgage crisis". We are supposed to have a government
. OF THE PEOPLE
. BY THE PEOPLE
. AND FOR THE PEOPLE
not a government that does not follow the simplist aspects of our founding government foundation, the Constitution!
First, this blog only effects Floridians, but it is an important issue that if other states are in similar situations, they should look into it as well!
Miami activist Jack Thompson is trying to spearheading a movement to amend the Florida Constitution so that the Florida Supreme Court and the Florida Bar are stripped of their corrupt self-regulation of their profession. If you are a Florida Resident, please contact him to sign this very important petition! He is hoping to get it on the 2010 ballot. He is asking that lawyers be regulated by the Florida Department of Professional and Business Regulation - the agency that regulates ALL other professions (including Realtors, Notaries, Brokers, etc.) and trades in Florida EXCEPT lawyers at this time. And their self-regulation is clearly not working and needs to be done by an independent agency!
For information, please contact him at 305-666-4366 or his email amendmentone@comcast.net
Thanks for your support!
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Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
| Please Visit The Following: | ||
| My ActiveRain Groups | My Favorite Blogs | My Favorite Blogging Associates |
| Anything Southwest Florida Area | Your comments about back-dating | Bob Storey |
| Addicted to ActiveRain | Your thoughts on reverse mortgages? | Donnie Burnette |
| Anything Reverse Mortgage | Reverse Mortgages are so bad | Linda Kassis |
| Thank You To The Following For Their Help, Advise and/or Referral Business: | ||
| Laura Vestanen | Linda Kassis | Kate Bourland |
| Bo Hussung | Joan Bergstrom | Lora Leasure |
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|
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Experienced Certified Mortgage Notary Signing Agent/Mobile Notary that goes to your client for all their loan or property sale/purchase paperwork. Serving Southwest Florida. http://yourswflnotary.com
Full service mobile notary & witness mortgage notary signing agent (we are not a Signing Service or notary supply & service Company), that services all your mobile notary needs including notarizing:
We charge the state allowed $10 per notarization (except weddings where we charge the allowed $30) plus travel. Travel fees range anywhere from $10 in Port Charlotte, to $155 to go to Marco Island (186 miles round trip). To go beyond that, we would have to compute charges, which would be based on Mapquest mileage computations. We are open for business 24/7, but our regular office hours are Monday through Friday 9AM to 7PM, and Saturday 9AM to 5PM. Also, we do have a community service program for reduced / free services to many patients or residents only who are in a medical facility in the Bradenton, Sarasota, Venice, Port Charlotte, Cape Coral and Fort Myers areas. Please contact us for qualifications, details and availability.
For witness loan signings, we will work with title (including escrow, abstract, and settlement) companies, signing companies, mortgage brokers, lenders and the individual borrowers themselves. (Remember, you have the right to choose not only your title company, but also your Certified Background Screened Notary Signing Agent) Short notice signings are welcome, but are dependent on our schedule availability. Loan signing experience including refinancing
Notary Public, State of Florida since 1989 (License expires 11/12/2014) and previous eNotary (Electronic Notarizations). Member of the following organizations:
Former member (from 1988 to 2004) Associated Public Safety Communications Officials (retired & left organization.) 123notary.com Certified Notary Signing agent as well as NNA Certified Notary Signing Agent with GLBA-compliant Background Screening conducted by LexisNexis through the NNA serving Southwest Florida Counties of:
This includes the cities of Alva, Arcadia, Boca Grande, Bokeelia, Bonita Springs, Bradenton, Cape Coral, Cape Haze, Captiva, Charlotte Harbor, El Jobean, Englewood, Estero, Fort Ogden, Fort Myers / North Forth Myers & Fort Myers Beach, Immokalee, Lake Suzy, Laurel, Lehigh & Lehigh Acres, Long Boat Key, Marco Island, Matlatcha, Naples, Nocatee, Nokomis, North Port, Osprey, Pineland, Port Charlotte, Punta Gorda, Rotunda & Rotunda West, St James City, Sanibel, Sarasota, Vanderbuilt, Venice, and Venus. We can also serve depending on my schedule availability, or refer you to someone in some additional surrounding counties such as Hendry, Hardee, Highlands, Glades, Hillsborough, Pasco, Pinellas and Polk. We also have the state required bond insurance as well as E&O (Error & Omissions) insurance coverage to $100,000 through November 12, 2014. Call 941-7-NOTARY (941-766-8279). Loan signing fees negotiable, but vary depending on location (travel), type and number of loan(s) (ie: piggy-back), eDocs, fax-back. Please see my website for more information. http://www.yourswflnotary.com
I specialize in Reverse Mortgage signings (primarily HECM & Jumbo), as well as the applications for these Reverse Mortgages, but have experience with the following:
I have also been through the HUD Reverse Mortgage Counseling program, so I am well versed and able to explain the many aspects of Reverse Mortgages to your very special borrower! Notary Public State of Florida since 1989 and Notary Signing Agent since 2005 that has closed over 1000 loans. Certified Notary Signing Agent by 123Notary.com as well as by the National Notary Association (NNA) who also had independent LexisNexis conduct a background screening that is GLBA compliant (Gramm-Leach-Bliley Act) for the protection of your crucial identity information. (When I was working for a local police department, also had clearance by the Florida Department of Law Enforcement [FDLE] to federal, state & county crime information computers - FCIC & NCIC - Florida Crime Information Center & National Crime Information Center, which is part of the Criminal Justice Information Center) I also have experience with the program DoubleTime, used by many Title Companies, as well as access to TheFund used by many attorney's that do title work. I have one inkjet (HP 5550) and three laser printers (HP 1320, HP 4250tn - dual tray & Sharp AL-1655CS which is also a digital scanner & copier) in the office, and two inkjet all-in-one's in my car (HP 1500 and HP 4280) to ensure good quality copies, as well as the capability of sending & receiving faxes while at a signing, as well as last minute or correction documents while at the signing. I have cable Internet connection at my office, and DSL speed wireless connection on my laptop with me at all signings. I can accept most digital docs, including adobe, Desert Docs - Webprint, Digital Docs, DocMagic, Dynamic Dox, Guardian Mortgage (although I have had some troubles with Guardian Docs), MRG Document Technologies, and Swiftview. I can also accept or ship with all major shipping companies USPS [Noon], UPS [4:30], DHL [4:30], and FedEx [5:00](preferred). [Keep in mind my shipment cut-off times listed in square brackets for next day delivery to most of the US] As mentioned above, I am also an eNotary that is registered with the State of Florida as well as the National Notary Association.
While the state of Florida does not require a Notorial Journal, we at Southwest Florida Notaries keep a Journal of all notorial acts, along with right thumbprint for each and every transaction.
Although I started in October of 2005 part-time, since April 2006, we have done closings full-time for over two-hundred (200) companies, over one-hundred (100) have used us repeatedly. Some of the title and signing companies, as well as Mortgage Companies, that we have done closings for since November 2006 (since our feedback program was established) have included:
In November of 2006, we implemented a feedback program from both the borrower & title companies. Overall, our rating is a 6.9 on a scale of 1 to 7 from both borrowers and title companies. That along with the 50% of title and signing companies using us repeatedly speaks for the quality of service you can expect to receive when you call me at Southwest Florida Notaries 941-7-NOTARY! Some of the comments from the title companies have been:
Some comments from the borrowers have been:
This is the type of service your client can expect from us as well!
For more information about us, visit http://yourswflnotary.com/aboutus.html
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Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Todays time & temperature in Port Charlotte, FL
I wanted to take a moment to introduce you to my "Addicted To ActiveRain" Group Moderators:
TITLE COMPANY - NASHVILLE, TN - BO HUSSUNG
Bo - Check out Bo's new group Toot Your Horn on Active Rain and post any appropriate blogs there! And if you need title work done in any of the 50 states, please consider using his services for ALL your title work!
COMMERCIAL REAL ESTATE EGENT - LAS VEGAS, NV - ROBERT SWETZ
ROBERT SWETZ: 777S INC. Consulting Firm
Robert specializes in Commercial Sales in Las Vegas, and all of Nevada. Vacant land, Commercial Buildings, Custom Homes and High Rise Luxury Condos. Robert has started quite a few groups here on Active Rain including three in the top 100 as well as the 19th most active group here in all of ActiveRain: Late Night at Active Rain
REAL ESTATE AGENT - WASHINGTON DC - PATRICIA KENNEDY
Patricia Kennedy - Evers & Company
Pat is also the author of "The Irreverent Guide to Real Estate" - and she has been selling homes in the Washington, DC area for over 24 years. She's helped people buy & sell homes in DC, Maryland & Virginia. Please check out her website, the blog Active Rain Addiction: The 12-Year Old Points Out The Obvious!, as well as her ActiveRain profile!
CERTIFIED MORTGAGE NOTARY SIGNING AGENT - TAMPA, FL - LORA LEASURE
LORA LEASURE- True Color Services, LLC (Mobile Mortgage Notary Signing Agent)
If you get a moment in time, please stop by our newest moderators profile and blog. I know she will be a tremendous benefit to this group. If you need any mobile notary services in the Tampa / Brandon / Riverview area, please call her, I have all the confidence she will be prompt, thorough, and professional!
AGAIN, THANK YOU PATRICIA, BO, ROBERT, AND LORA - I AM SURE THE ENTIRE GROUP APPRECIATES YOUR ADDITIONAL WORK FOR THE GROUP!
Please Visit The Following: My Reverse Mortgage Related Blog Titles AGAIN, before you say no to a reverse mortgage, learn the correct facts! Don't believe the myths! I am considering a reverse mortgage, what are your thoughts? And WHY? Not another "Reverse Mortgages Are So Bad" blog?!?!?! -) WARNING (- "Another Reverse Mortgage Scam" What do YOU know about reverse mortgages? So, how many Reverse Mortgages are being forclosed upon? Reverse Mortgage myths still persist Still the most common Reverse Mortgage myths. More regulations needed for reverse mortgages? What about regular mortgages? Reverse Mortgages are only for the poor, correct? If a reverse mortgage balance exceeds the home value, I will be forced out of my home, correct? Reverse Mortgage Costs - how expensive are they? If you have bad credit, foreclosure, or bankruptcy on your credit, can you get a reverse mortgage? Are Reverse Mortgages costs so much more than regular mortgages? Calling all Realtors - LEARN ABOUT REVERSE MORTGAGES! They can help YOU sell a home! If you get a Reverse Mortgage, how long will you keep it? What DOES it take to qualify for a Reverse Mortgage? Do you save enough for retirement? Only use HUD approved lender/brokers for Reverse Mortgages Are Reverse Mortgages a part of Predatory Lending? Lower interest rates also help Reverse Mortgages Consider a Reverse Mortgage Financial Freedom Launches Fixed Rate HECM Reverse Mortgage Are you a reverse mortgage loan officer? Why the double mortgage in Reverse Mortgages? IndyMac's demise and it's effect of Financial Freedom Reverse Mortgages To get 'that feeling' about reverse mortgages? My Pre-Paid Legal & Identity Theft Related Blog Titles Are you a potential identity theft victim waiting to happen? My Consumer Tips and Information Blog Titles * * Stop flashing me! * * - A message to all Floridians!!! HURRICANE WARNING: Please hire public adjuster S.H.A.R.E.Florida.org - For everyone in Florida - pass it along please!! . Need a FREE speaker for anywhere in Sarasota or Manatee County? Want to verify licenses in Florida - check them out here Where to get your Free Credit Report - (NOT the one you need to pay) My Other Blog Titles The POWER of Active Rain - Right here in Southwest Florida! Require mortgage counseling on ALL mortgages, not just reverse mortgages It is LONG overdue we look at our laws and make some changes! How expensive is gas anyway? Multiple response comments - your thoughts? Which AR category are you? Some Great Email (and Blog) Etiquette Rules Home ownership down during President Bush's Presidency not good! How long does it take to get AR referrals More great tips, all because of the Active Rain Some motivational thoughts. . . plus anything you can add! Are you a mortgage broker for life, or is it a job just for now? Increase in Homeowners Insurance or Tax rates - which is worse? Thanks a million Need a traveling notary in Southwest Florida? Take advantage of Active Rain! Help with bankruptcy. How would you like to sign your mortgage papers at your convenience? Just a little more about me.... What I do eNotary (Electronic Notary) Laws/Info Posts eNotarizations. . the upcoming technology! Understanding more about eNotarizations (and the Electronic Notary) Notary Laws/Info Posts Calling all mortgage brokers & title companies. To back-date or not..... your thoughts? Notaries, Remember your responsibilities to the public Notaries beware! Do you do your job thoroughly? Some info about E&O and Bond Insurance (Surety Bond) (for Notaries) One of a Notary Public's main responsibilities - To appear before me Network marketing for notaries How can a notary make a living being 'just a notary'? My Localism Area Posts Near SW FL Notaries another Park: Sunrise Park, Port Charlotte FL Best wings in Port Charlotte - Joe Cracker! Spring Lake Park & Boat ramp in Port Charlotte Port Charlotte Beach Complex Not far from Port Charlotte - Oscar Scherer Park Do you like Mexican Food - Try LaEsperanza in Port Charlotte, FL My Featured Business Partners New Weekly Feature - Featured Network Business Partner #1 - TJ Friedman [Point of Sale Solutions] Featured Network Business Partner #2 - Sandra Wiseman [Wiseman Law Office] Featured Network Business Partner #3 - Paul DeClark [The Open Network Groups] Featured Network Business Partner #4 - Robert M Dickenson - Retired Officers Association
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