Is the foreclosure machine going to come to a screetching halt?   Have the lenders already been paid for your defaulted subprime mortgage through PMI insurance, TARP, FDIC loss share agreement or another government insurance or subsidy program?  Have you been watching as the good guy attorneys in Florida crush   deception and fraud  being purpetrated upon the Courts?  Is the Florida litigation landscape a peek into the future for courtrooms across this Country?    We think so.   It’s already spreading.

If you want to see what the future of foreclosure litigation looks like check out case number 07013084CI in the sixth Judicial circuit in Pinellas County Florida where  Judge Rondolini reverses his own ruling after seeing proof that GMAC manufactured faulty proof of standing to foreclose in order to steamroll a foreclosure on one Miss Debbie Visicaro. 

Debbie Visicaro, like many homeowners, at first decided to fight the foreclosure action initially without a lawyer.  She didn’t know that the foreclosure law firm employee was signing 2000 affidavits per day.  How could she.    But Debbie Visicaro finally hired a lawyer, who pointed out the fraudulent  evidence to Judge Rondolini in a rehearing  who then admitted he made a mistake when he first awarded GMAC a quickie legal win and further admitted that he had probably illegally foreclosed on many homeowners.

When the GMAC lawyer couldn’t explain away the bad evidence — and could only manage a  duhhh-hamina-hamina — the judge remarked: “You’re going to have to speak up. I know that when you’re getting pummeled, it’s hard to talk loudly.”

“You know what I’d really like to see?” Rondolino said. “I’d like to see in one of these cases where a defense lawyer cross-examines, takes a deposition of these people, and we can see whether they ought be charged with perjury for all these affidavits.”

Here’s the scoop.   GMAC, doing what they do best illegally foreclosed on Debbie Viscaro in January of 2010.    Counsel for the defendant, Michael Wasylik, Esq noted a request for rehearing of the case based on an initial  motion for Summary Judgement filed by Steven Fraser from the diabolical offices of the largest foreclosure robo-scam firm in Southern Florida, the Law offices of David Stern.    Citing a plethora of cases, Mr. Wasylik argued that the initial motion was based on   inadmissable evidence (an affidavit from a robo-signor with no knowledge)  Judge Anthony Rondolino admitted in this rehearing that he had given “short shrift” to the arguments made in the initial hearing by  the defendant and basically foreclosed in a “doing business as usual” manner on the “face of the foreclosure” as most Judges do and as he admitted to having done  in this manner as a matter of course.     And then in an unprecendented move Judge Rondolini, addressing both attorneys  made the following statement.

“I’ve had several events which have occurred [since the initial trial]  in cases which cause the Court to have great concern about the validity of the filings in our mortgage foreclosure cases, and that precipitated my reevaluation of the evidentiary considerations. [in the present case]

I’ll give you an example of that.  I have one case that was called up for summary judgment hearing and I thought it was going to the the typical granted situation, and then a lawyer for the defendant homeowner showed up.       I was beginning to recite to the lawyer what I typically recited, that there were no affidavits in opposition.   And then the lawyer said, “well, I thought you might be interested in this,” and handed me some documents which were out of another file in our circuit, and as it turned out, it was the same note and mortgage that was in a separate and independant file.

There was a different plaintiff pursuing a foreclosure proceeding on the same note and mortgage as the one that was being proceeded on here.  Both of the cases contained allegations in the initial complaints that the separate plaintiffs were the owners and holders of the note.   Both of them had a count to reestablish, and both of  had gone so far as to have affidavits filed in support of summary judgment whereby an individual represented to the court in the affidavit that the separate plaintiffs had posessed the note and had lost the note while it was in their possession.    Interestingly, both affidavits, although they were different plaintiffs, purported the same facts and they were executed by the same individual in alleged capacity as a director of two separate corporations, one of which was ultimately found to be an assignee of the original note.”

 Judge Rondolini went on to state “I really honestly –I dont have any confidence that any of the documents the Courts receiving on these mass foreclosures are valid“     

read the entire transcript here     Rondolinotranscript

Is everyone getting this?    It took a while but the ice is cracking under the weight of massive fraud being committed my substitute trustees and law firms who have been incentivised to shove as many foreclosures through the courts as they can ham fist through.    They [the foreclosure law firms like David Stern] are giving uneducated unknowledgable 8.00/hour employees designations as VP’s and officers of mortgage companies, many times having the VP or officer designation of 5 or 20 banks/lenders at a time.   The firms are having them sign 2000 and 3000 affidavits per day.     Swearing in these lost note affidavits that they have knowledge (as a bank executive) that the note for the property listed on the affidavit is owned by their bank.    Fraud Fraud Fraud.