Do you owe the bank that is suing you regarding foreclosure and credit cards

Services for Real Estate Pros with Southwest Florida Notaries (Mortgage Notary Signing Agent)


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 -  and her other blog -

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 banks 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.

Comments (6)

Dean Carver
United Brokers Group/Carver Home Team - Ahwatukee, AZ

I get the point, but I would offer that people want to cut their losses and move on. That seems to be the MO for many who are getting foreclosed on.

Apr 06, 2010 03:38 AM
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

Ron I saw the article about the credit cards.  Hire a good attorney and fight them tooth and nail and you may just be surprised.

Apr 06, 2010 06:19 AM
Ronald Gillis
Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL
CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

John & Dean and Sonia, thanks for stopping by and commenting.  Dean and Sonia, not sure I would agree, although I think I know where you are coming from.  It is important not only for ourselves, but for future generations to put a stop to all this corruption.  It is not easy to stand and fight, but crucial and very important.  This started way before any of us were born, but important we put a stop to it now before it becomes worse than it already has become.  What I find amazing in that story, was how the one man over seven years paid over $10,000 on a $4,600 'debt' yet after those seven years he allegedly still owes $3,900, but hires an attorney and suddenly it gets dropped.  Something VERY wrong with that picture!!!   John, it is NOT easy, but if people would take the time to learn what to do, they can defend themselves.  Again, not easy, and hard to remember all the tricks these attorneys and judges use to fool people, but it can be done.  My own thoughts are MAYBE hire an attorney in the beginning, and pay attention to everything done.  Research and learn all you can, and eventually take the case over yourself when you have learned how to fully defend yourself. 

Thanks again!!

Apr 06, 2010 04:59 PM
Notary Classes

Wow I am surprised that this is happening! Such a shame!!



Apr 09, 2010 07:10 AM
Ronald Gillis
Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL
CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

Kelly, it is more than a shame, it is criminal and wrong. The Florida Bar, NY Times, Washington Post, a couple of clerk/recorders office have done studies, audits, investigations, etc, the BEST figure they come up with is 16% of foreclosures are valid. I do not agree, and some will admit to as high as 95% being NOT VALID, but no matter, at a MINIMUM, 84% of foreclosures are ILLEGAL AND NOT VALID, and this figure is unacceptable!  Thanks all for stopping by!

Oct 13, 2011 05:50 AM