Greetings, Earthlings. My name is Kenneth Eric Trent, a.k.a. the foreclosure destroyer. This is my voice blog number 1 for the Year of Our Lord 2013. Spoken January 10, this entry is entitled:
Rule 1.540 and ‘Servicer’ Self-documentation Charades; Revitalizing the Concept of Extrinsic Fraud as A Sword Against Injustice
As many of you defense attorneys know all too well, Rule 1.540 of the Florida Rules of Civil Procedure governs motions to set aside final judgments in civil cases. It has a one-year statute of limitations which begins to run from the time judgment is entered and that one year statute of limitations specifically pertains to motions or intended motions to set aside judgment which allege intrinsic fraud; that is, fraud perpetrated upon the court and the movant in the course of the judicial proceeding prior to the entry of the final judgment. Of course that's exactly what all the foreclosure plaintiffs are doing is committing massive fraud in the course of litigation. All of these bogus affidavits and fabricated assignments and secretary-stamped endorsement are intrinsic fraud and the foreclosing plaintiffs know this all too well. Our financial dictators’ league was smart enough to proclaim in the late months of 2010 that it was conducting a review of its own documentation practices. Just so happens that the farcical self-professed document review lasted just a tad more than one year. (Note: This document was created with a voice dictation program, and if I have to edit it any further I’ll never actually post it, so it is posted here without benefit of complete grammarian review.) Why is that?of course because there were a massive amount of judgments entered pursuant to the bogus earn affidavit to mean that thing was in full swing and August September thereabouts of 2010 before the revelations of this nationwide criminal practice became widespread so at that point they all the court inquired servicers eyecatcher servicer they decided that they were gonna put all the actions on hold so that basically lulled many people including me in one case and scores of potential clients into thinking that something was going to be done decisively to kind of throw out the cases I mean give me a break! David Stern firm has foreclosed on shoot hundreds of thousands of homes in Florida, homestead properties in Florida. using absolutely fabricated evidence and yet still those fraudclosure judgments stand in so far people are not able to get redress by more the ones I know along with many others who are determined to see that trend changes at any rate from extrinsic fraud is one of the categories of grounds which may support a rule 1.540 motion to set aside the judgment for which the one-year statute of limitations would not apply extrinsic fraud as the name would suggest refers to fraudulent conduct outside of the litigation in which the judgment was entered which somehow damaged four led to the delay damage the movant or lead to the entry of the fraudulently obtained judgment well nobody seems to know exactly what that is because usually in the case law what they're talking about extrinsic fraud is pretty darn close to the same thing as intrinsic fraud either one case for example where there was a credit card collection attorney who would send proposed stipulation of settlement out with the initial service of process and they were misleading fear least sophisticated consumer and it was sort of like abuse of process and there's a debate of course whether that would be extrinsic and intrinsic fraud because it's really not you know in the litigation that's debatable because it sort of prior to litigation and it's not something that normally would be included with you know initial process summons and complaint that, think of but what I'm thinking extrinsic fraud needs to come to mean on the keyboards computers and tongues of our defense advocates here in the states is that for example securitization the defrauding of all of the investors into believing that they are actually any loans transferred to those Remick trust such that they actually had assets that these people were buying shares of and be that the mortgages which comprise the shares of the various thousands of trust supported ironic name that is trust Catholic voters being in the bar but you know there was massive fraud committed there was securitization there were massive fraud committed on most of my clients and most of your clients most of you borrowers in terms of the value of your property at closing the were led to believe that the property values would continue to go to the artificially inseminated market, which of course was driving up prices just as a intended that Friday except although it obviously inflated appraisal that in of itself is fraud okay the mortgage brokers getting you into loans that are just will raid when in fact you should qualified person to Fannie Freddie standards for fixed-rate loan on that kind of thing I'm trying to say is this whole mers securitization conspiracy has as one aspect of its pope, you know the Robo signing in the fraud in the courts and those that to that extent that would be intrinsic fraud but I think one of the ways to get around that one year statute and I would appreciate any ideas any of you may have is to start getting a clearer idea of what extrinsic fraud is and we can tie that into the ultimate final judgments coming any assignments that are actually executed prior to the initiation of the lawsuit and that's gonna be extrinsic fraud. Additionally, we may be able to get around the one-year limitation in some cases because of the acknowledgments in the standard motions to re-set foreclosure sales that there were problems with the affidavits by arguing that this "opened the door." I'm also hoping that something will come down from the Pino case - a ruling that we are presently waiting for from the Florida Supreme Court that will you now emasculate that one-year limitation because it's being abused to work grave injustices across the state and around the nation anyway I'm to wrap this up now. Ken Trent God bless you and remember to rebuild America we must tear down Wall Street. later