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Southwest Florida

Rocket docket foreclosure investigation documents released


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Southwest Florida's speedy foreclosure process, also known as "Rocket Docket"


is under the microscope. The state attorney general's office now opening its own
investigation into whether homeowners were wronged.

The Attorney General wants to know if Fort Lauderdale-area lawyer David Stern
followed the rules when representing the following banks in foreclosure
From the Health Channel
proceedings:

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The just-released depositions of his former employees confirm what many of Spotting we ight-loss scam s
you have already told 4 In Your Corner. The flu: W ho is in dange r?

Former paralegal Tammie Kapusta testified as many as half of homeowners


didn't receive notice they were in foreclosure.

Kapusta also alleges workers were told to fake documents and back date
signatures, adding the office manager signed off on a 1,000 files a day without
even reviewing them.

ALSO ON FOX4NOW.COM The attorney general is also looking into whether stern gave that office manager
extravagant gifts like a house and a car.
Lawyer talks rocket docket
procedure in Florida's But, perhaps, the most interesting part.. The AG wants to know if there were any
foreclosure fight arrangements made with particular judges or jurisdictions on how foreclosures
would be handled.
Florida Hardest Hit Housing
Kapusta stated the only one she was aware of was Lee County and its rocket
Find
docket.
4 In Your Corner More>>
Then the investigator asks who came up with the idea for the rocket docket, an
Harassed after Filing Police answer Kapusta didn't know. But she did say as long as the foreclosure wasn't
Complaint? contested, it was known lee county judges would just sign off on the final
judgments.
Renting movies on facebook?
This and other statements also show paralegals and assistants under pressure
Used car lot in his backyard? to prepare 500-cases for their day in lee county court.

Are Lee County properties We know Charlie Green came up with the rocket docket.
milking tax breaks on your
dime? Tampa-area attorneys representing homeowners are calling for the federal
government to come in and take control of the state's foreclosure court system.
Where's Congressman
Connie Mack? Learn more about the new Hardest Hit Housing Find

Robb and Stucky Sold to LIZA FERNANDEZ


Liquidation Firm FOX 4 IN YOUR CORNER

Fuel prices rise for


businesses; cost gets passed
along to you

You Live In "The Diabetes


Belt!"

VIDEO: Alligator walks the


course at Lee County golf

www.fox4now.com/Global/story.asp?S… 1/3
3/11/2011 CM/ECF - U.S. District Court:nhd
MAG

U.S. District Court


District of New Hampshire (Concord)
CIVIL DOCKET FOR CASE #: 1:10-cv-00321-JL

USA, Ex Rel et al v. USA et al Date Filed: 07/29/2010


Assigned to: Judge Joseph N. Laplante Jury Demand: Plaintiff
Referred to: Magistrate Judge Landya B. McCafferty Nature of Suit: 890 Other Statutory Actions
Case in other court: USDC-FL, Middle (Ft. Myers), 2:07-00228- Jurisdiction: U.S. Government Defendant
JES-SPC
Cause: 18:1964 Racketeering (RICO) Act

Plaintiff
USA, Ex Rel

Plaintiff
Jorg Busse represented by Jorg Busse
PO Box 1140
Naples, FL 34106-1140
PRO SE

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
PO Box 1140
Naples, FL 34106-1140
PRO SE

V.
Defendant
USA

Defendant
US Courts

Defendant
US Custom & Immigration Service

Defendant
Tony West

Defendant

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 1/7
3/10/2011 Lee County, Florida – Where Anarchy …

Foreclosure Defense & Strategic Default


Stopa Law Blog – Florida Homeowners

Lee County, Florida – Where Anarchy Reigns


Posted on January 26, 2011 by Mark Stopa

Webster’s Dictionary defines anarchy as “absence or denial of any authority or established order.” When I see
the most recent Order out of Lee County, Florida, I can’t help but opine that’s what the courts in Lee County
have become – anarchy. Yes, there are rules in place, i.e. the Florida Rules of Civil Procedure, as promulgated
by the Florida Supreme Court. However, the Lee County judges have repeatedly denied such rules apply, at
least to them, particularly in foreclosure cases.

That may sound harsh, but look at this Order. The judge acknowledges the case is not “at issue” under Rule
1.440; in fact a motion to dismiss was outstanding, so, by definition, the case could not have been “at issue.”
In fact, the bank’s lawyers had not prosecuted the case for 10 months (not uncommon for the Marshall Watson
law firm), so clearly the plaintiff didn’t care. Yet the judge was so intent on pushing the case towards trial, he
ruled that the motion to dismiss was “waived,” ordered the Defendant to answer, and set trial for less than two
months out.

Trying to justify this ruling, the judge said the Motion to Dismiss was “waived” because it had not been set for
hearing. Respectfully, this is preposterous. There is absolutely no legal authority for the proposition that a
defendant “waives” a motion to dismiss by not setting it for hearing. If a defendant files a motion to dismiss,
and the plaintiff chooses not to prosecute its case by setting that motion for hearing, then the case languishes.
This may sound odd, but it’s actually quite common in litigation. As I’ve said before, I represent plaintiffs in
lawsuits against insurance companies, and when they file motions to dismiss, it’s my job, as plaintiff’s counsel,
to set that motion for hearing. It’s really not a big deal, actually. I’m the plaintiff. I’m the party seeking relief
in the court system. If I want relief, I need to set a hearing. If I don’t set a hearing, my client gets no relief. In
any event, there is absolutely no legal authority for the proposition that a motion to dismiss is “waived”
because it is not set for hearing.

The judge tried to justify setting the case for trial, even though it is not at issue, by saying “Lee County is not
requiring compliance with Fla.R.Civ.P. 1.440″ and that controlling case law requiring a case be “at issue”
before being set for trial is not “controlling in foreclosure cases.” To illustrate the absurdity of this ruling,
please look closely at two appellate court decisions on this issue.

In Bennett v. Continental Chemicals, Inc., 492 So. 2d 724 (Fla. 1st DCA 1986), an en banc First District (en
banc means that every judge in the First District joined in the decision, instead of just a three-judge panel as
usual) held:

A notice for trial is properly filed when the action is ready for trial. Rule 1.440 is very clear as
to when the action is ready for trial. Leaving little room for improvisation, it provides: (a) An
action is at issue after any motions directed to the last pleading served have been disposed of
or, if no such motions are served, 20 days after service of the last pleading. … (b) Thereafter,
any party may file and serve a notice that the action is at issue and ready to be set for trial. …
[In this case,] at the time of the hearing, there were pending at least appellant’s motion to
www.stayinmyhome.com/blog/?p=1075 1/4
3/10/2011 Lee County, Florida – Where Anarchy …
dissolve the temporary injunction, if not his original motion to dismiss the complaint, as well as
appellee’s motion to dismiss the counterclaim. With those motions pending, we hold that the
action was not at issue as contemplated by rule 1.440(a). … [S]trict compliance with rule 1.440
is mandatory. … In our concluding that failure to conform with rule 1.440 is reversible error …
we are adopting the bright line approach so as to avoid appeals, such as this, that would not or
should not have materialized if the rule had been strictly observed.

See also Precision Constructors, Inc. v. Valtec Construction Corp., 825 So. 2d 1062 (Fla. 3d DCA 2002)
(“Failure to adhere strictly to the mandates of Rule 1.440 is reversible error. Accordingly, the judgment is
vacated and the cause is remanded for a new trial.”).

In setting the case for trial even though it was not “at issue” under 1.440, the Lee County judge ruled that
1.440 is not “controlling” in foreclosure matters. Of course, the judge cited no legal authority for such a
proposition, as none exists. Hence, as I see it, the judge was basically saying ”I know Rule 1.440 requires that a
case be “at issue” before being set for trial, but this is a foreclosure case, so I don’t care – I’m setting trial
anyway.”

This is what the court system has become in Lee County. There are rules of procedure in place, implemented
by the highest court in the state. Lee County judges know about these rules, as foreclosure defense
attorneys regularly point to these rules in court hearings. Yet judges ignore these rules, conclude they
somehow don’t apply, and forge ahead anyway, even when the plaintiff has done nothing in the case for nearly
a year. It really makes you wonder – who is prosecuting foreclosure cases? Banks? Or judges? In this case, the
plaintiff’s firm had done nothing in the case for nearly a year – nothing at all – yet the judge denied the
defendant’s motion to dismiss (without a hearing, without reviewing the motion on the merits, and without
argument from plaintiff) and set trial. Does that seem reasonable to you?

If this is how the courts are going to operate, why even have rules? Let’s just let all of the judges on a
particular file make up the law as he/she sees fit. At least that way litigants and their attorneys won’t be
constantly frustrated when judges refuse to apply the rules.

Or we can all realize that judges are elected officials and it is our right, if we so choose, to elect not to retain
those judges for another term in office. I’m not recommending that anyone do that with the judges in Lee
County. However, I can’t help but wonder – if this isn’t a reason to decide not to retain a judge, then what is?

Mark Stopa
www.stayinmyhome.com
This entry was posted in Main and tagged at issue and ready for trial, bankruptcy lawyers Florida, Florida Rule of Civil Procedure 1.440, forcing judges to follow the rule of
law, Ft Myers bankruptcy lawyers, Ft Myers foreclosure defense attorney, help avoid foreclosure, learn how to fight foreclosure. Bookmark the permalink.

8 Responses to Lee County, Florida – Where Anarchy Reigns

Matt says:
January 26, 2011 at 10:05 pm

Even better when they are senior judges not subject to elections
Reply

www.stayinmyhome.com/blog/?p=1075 2/4
3/10/2011 Lee County, Florida – Where Anarchy …

JamesM says:
January 27, 2011 at 12:11 am

I think you need to find out WHO drafted that motion. Yes the judge signed it, but who put that in font of the judge? Don’t
assume it was the Plaintiffs. There has been some strange stuff going bump in the night.
Reply

JuanP says:
January 27, 2011 at 9:16 am

Who drafted it? That does not even matter.

The judge SIGNED it.

Unless it’s a robo signing judge; the order says exactly the judges intent as he put his name on it.

Either way its a lose/lose. A judge that doesn’t read what he signs “because it is a foreclosure case” or a judge who doesn’t
care to follow the rules of civil procedure “because it is a foreclosure case.”

Even if the judge never intended for this order to be published it accurately reflects how the Lee County rocket docket treats
Florida rules of civil procedure. The lack of procedure for the rules drafted by the Supreme Court of Florida can be seen in
various reports and transcripts.
Reply

Mark Stopa says:


January 27, 2011 at 8:29 pm

Concur.
Reply

LOU CARR says:


January 27, 2011 at 10:38 am

The problem/situation you describe is not an isolated occurence. The PALACE OF OCCASIONAL JUSTICE, better known as
the Broward Judicial Center, in my opinion, is the worst, especially with Judge Breger & Gates presiding. See an actual day’s
personal viewing of the activities and ruling from the above mentioned judges, it is scary.
http://beforeitsnews.com/story/341/884/BROWARD_COUNTY_JUDGES_DISREGARD_LONG_ESTABLISHED_LAWS.html
Reply

Mark Bowen says:


January 28, 2011 at 5:49 pm

Did anyone catch at the top of the Order what Court it was issued from? I didn’t know that either Judge Thompson or Judge
Starnes were with the 2nd DCA. Can anyone say Robo-Signed Court Orders? This is not the first in a long line of clues to this
affect.
Reply

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3/10/2011 Lee County, Florida – Where Anarchy …
Minnie says:
February 4, 2011 at 2:05 pm

I agree when you file a motion to dismiss then the plaintiff or def can ask for a hearing on the matter-not the judge. Then after
10 months you can ask for a dismissal for lack of prosecution. I agree that the system is screwed up and the judges aren’t
following the law or maybe they don’t know it. But its just not happening in foreclosure cases but in other cases -case in point
the notorious pro tenant judge in Volusia County-Judge Shirley Green. She was a legal aid attorney and will rule in favor of
the tenant and will disregard the law and will take your tenants word on any thing. You can say judge the tenant provided no
proof and she will say I don’t care I believe her. I know there isn’t a lot of money for some clients to spend but I think if the
appeals are stepped up then these judges will think twice about these rulings. I think you are going to see more pro se litigants
challenging their foreclosures. What do they have to lose doing this -nothing.
Reply

Katina Duran says:


February 24, 2011 at 2:07 pm

I aske d for two dismissal’s, was denied both times, yet my case is in A federal court which superceded the common Please
court system. The judge still wanted me to go into mediation, it blew my fucking mind.
Reply

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3/11/2011 CM/ECF - U.S. District Court:nhd

Beverly B. Martin

Defendant
John Edwin Steele

Defendant
Ryan Barry

Defendant
Charlene Edwards Honeywell

Defendant
Sheri Polster Chappell

Defendant
Kenneth M. Wilkinson

Defendant
Richard A. Lazzara

Defendant
Jack N. Peterson

Defendant
Drew Heathcoat

Defendant
Bettye G. Samuel

Defendant
Stanley F. Birch, Jr.

Defendant
Gerald B. Tjoflat

Defendant
Susan H. Black

Defendant
Joel F. Dubina

Defendant
Sherri L. Johnson

Defendant
ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 2/7
3/11/2011 CM/ECF - U.S. District Court:nhd
Eugene C. Turner

Defendant
Lee County, Florida, Board of
Commissioners

Defendant
Ed Carnes

Defendant
John E. Manning

Defendant
Hugh D. Hayes

Defendant
John Ley

Defendant
Richard Jessup

Defendant
Diane Nipper

Defendant
Lynn Gerald, Jr.

Defendant
Kenneth L. Ryskamp

Defendant
Charlie Crist

Defendant
Charles Barry Stevens

Defendant
Johnson Engineering, Inc.

Defendant
Mark Allan Pizzo

Defendant
Anne Conway

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 3/7
3/11/2011 CM/ECF - U.S. District Court:nhd
Defendant
Charlie Green

Defendant
Reagan Kathleen Russell

Defendant
Richard D. Deboest, II

Defendant
Chene M. Thompson

Defendant
Lee County, Florida, Commission

Date Filed # Docket Text


07/29/2010 1 COMPLAINT against all Defendants with Jury Demand ( Filing fee $ 350 receipt
number 14649003479) filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1
Complaint (pages 31-60), # 2 Complaint (pages 61-90), # 3 Complaint (pages 91-120),
# 4 Complaint (pages 121-150), # 5 Complaint (pages 151-180), # 6 Complaint (pages
181-190), # 7 List of Exhibits in Support of Complaint, # 8 Exhibits A - J, # 9 Exhibits K
- S, # 10 Exhibits T - X, # 11 Exhibits Y - Z, # 12 Exhibits AA - KK, # 13 Exhibits LL -
PP, # 14 Exhibit QQ, # 15 Exhibits RR - TT, # 16 Exhibits UU - VV, # 17 Exhibits
WW - ZZ, # 18 Civil Cover Sheet)(jeb) (Entered: 08/02/2010)
08/02/2010 Case assigned to Judge Joseph N. Laplante. The case designation is: 1:10-cv-321-JL.
Please show this number with the judge designation on all future pleadings. (jeb) (Entered:
08/02/2010)
08/02/2010 NOTICE. This case has been designated for Electronic Case Filing. All further
submissions shall be filed in compliance with the Administrative Procedures for Electronic
Case Filing. Pro se litigants are not required to file electronically and may continue to file
documents in paper format. Persons filing electronically are strongly encouraged to
complete the interactive training modules available on the courts website. To access these
modules, click HERE. (jeb) (Entered: 08/02/2010)
08/02/2010 2 Summons(es) Issued by Mail as to Ryan Barry, Stanley F. Birch, Jr, Susan H. Black, Ed
Carnes, Sheri Polster Chappell, Joel F. Dubina, Drew Heathcoat, Charlene Edwards
Honeywell, Sherri L. Johnson, Lee County, Florida, Board of Commissioners, Lee
County, Florida, Commission, John E. Manning, Beverly B. Martin, Jack N. Peterson,
Bettye G. Samuel, John Edwin Steele, Charles Barry Stevens, Gerald B. Tjoflat, Eugene
C. Turner, USA, Kenneth M. Wilkinson. (Attachments: # 1 ECF-Notice of ECF
Designation (#91))(jeb) (Entered: 08/02/2010)

08/03/2010 3 Summons(es) Issued by Mail as to Anne Conway, Charlie Crist, Richard D. Deboest, II,
L G ld
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3/11/2011 CM/ECF - U.S. District Court:nhd
Lynn Gerald, Jr, Charlie Green, Hugh D. Hayes, Richard Jessup, Johnson Engineering,
Inc., Richard A. Lazzara, Diane Nipper, Mark Allan Pizzo, Kenneth L. Ryskamp, Chene
M. Thompson, Tony West. (Attachments: # 1 ECF-Notice of ECF Designation (#91))
(jeb) (Entered: 08/03/2010)
08/04/2010 4 Summons(es) Issued by Mail as to John Ley, Reagan Kathleen Russell, US Courts, US
Custom & Immigration Service. (Attachments: # 1 ECF-Notice of ECF Designation
(#91))(jeb) (Entered: 08/04/2010)
11/18/2010 5 MOTION to Extend Time to to Serve the Defendants after said FBI raid; compel FBI to
return plaintiffs' seized computers, equipment, camera, records, and summons; order
restraining Defendant Officials and Tampa FBI from any further intimidation and
obstruction of justice filed by Jorg Busse. (dae) (Entered: 11/18/2010)
11/19/2010 ENDORSED ORDER granting in part and denying in part 5 Motion to Extend
Time. Text of Order: The motion is granted in part, to the extent that plaintiffs
shall have until December 29, 2010, to effect service on defendants. The motion
is denied in all other respects. Plaintiffs have failed to comply with Fed. R. Civ.
P. 65, and this court is not the proper venue for plaintiffs to challenge the
execution of a warrant relating to a pending federal criminal investigation or
proceeding, issued by a judicial officer in the Middle District of Florida. So
Ordered by Magistrate Judge Landya B. McCafferty. (dae) (Entered: 11/23/2010)
11/24/2010 6 MOTION to Extend After FBI Siezure (to Serve Defendants) filed by Jorg Busse,
Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010)
11/24/2010 7 MOTION for Judicial Notice of Illegal F.B.I. Seizure & Corruption filed by Jorg Busse,
Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010)
11/26/2010 8 2nd MOTION for Judicial Notice of Illegal F.B.I. Seizure & Corruption filed by Jorg
Busse, Jennifer Franklin Prescott. (cmp) Modified on 12/3/2010 to add: Duplicate copy
received on 11/29/10(cmp). (Entered: 12/02/2010)

11/26/2010 9 MOTION FOR JUDICIAL NOTICE OF FBI FILE 316A-TP-73337 filed by Jorg
Busse, Jennifer Franklin Prescott. (cmp) Modified on 12/3/2010 to add:Duplicate copy
received on 11/29/10 (cmp). (Entered: 12/02/2010)
11/29/2010 13 NOTICE of Change of Address & Fear of Retaliation filed by Jorg Busse, Jennifer
Franklin Prescott. (cmp) (Entered: 12/03/2010)
12/01/2010 10 MOTION FOR ELECTRONIC CASE FILING (E.C.F.) PRIVILIGES filed by Jorg
Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010)
12/01/2010 11 NOTICE of Fraud on the Court (Middle District of Florida) and Unlawful F.B.I. Raid
(File 316A-TP-73337) by Jorg Busse, Jennifer Franklin Prescott. (cmp) (Entered:
12/02/2010)
12/01/2010 12 2nd MOTION FOR JUDICIAL NOTICE OF FBI FILE 316A-TP-73337 filed by Jorg
Busse, Jennifer Franklin Prescott. (cmp) (Entered: 12/02/2010)
12/06/2010 14 Objection to 11/23/2010 Endorsed Magistrate Order on Motion to Extend Time, filed by
J B
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3/11/2011 CM/ECF - U.S. District Court:nhd
Jorg Busse, Jennifer Franklin Prescott. (kad) Modified on 12/13/2010 to add: Duplicate
copy received on 12/8/10(cmp). (Entered: 12/08/2010)
12/08/2010 ENDORSED ORDER denying 6 Motion to Extend Time After FBI Siezure (to
Serve Defendants). Text of Order: The motion to extend time for service (doc.
no. 6) is denied. That motion, filed November 24, 2010, is identical to plaintiffs'
first motion for an extension of time (doc. no. 5), which this Court granted in
part, resulting in their having until December 29, 2010, to effect service. See
Order (Nov. 20, 2010). Plaintiffs have failed to provide this Court with any new
grounds for concluding that a further extension should be granted. Plaintiffs are
cautioned that they must effect service within the specified time or risk dismissal
without prejudice as to any defendant who has not been served, unless good
cause is shown for an additional extension of time. See Fed. R. Civ. P. 4(m). So
Ordered by Magistrate Judge Landya B. McCafferty. (gla) (Entered: 12/08/2010)
12/08/2010 ENDORSED ORDER denying 10 Motion for Electronic Case Filing (E.C.F.)
Privileges. Text of Order: The motion for electronic filing privileges (doc. no. 10)
is denied. Plaintiffs must complete and file with their motion the "Pro Se ECF
Registration Form," available on the Court's Internet site at
http://www.nhd.uscourts.gov/cp/fuf.asp, before their request for electronic filing
privileges may be granted. The Clerk's Office is hereby directed to provide a copy
of the requisite form to plaintiffs. So Ordered by Magistrate Judge Landya B.
McCafferty. (gla) (Entered: 12/08/2010)

12/08/2010 16 MOTION for Reconsideration re 11/23/10 Order on Motion to Extend Time, filed by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Exhibit 1, Copy of Federal Rule
65, # 2 Exhibit 2, Transcript of Proceedings, Rule 11 Sanctions, # 3 Exhibit 3, Affidavit
of Peterson, # 4 Exhibit 4, Appraisal, # 5 Exhibit 5, Fax to J. Busse (in German))(cmp)
(Entered: 12/13/2010)
12/13/2010 15 ORDER granting in part and denying in part 9 Motion for for judicial notice of
FBI file. The motion is granted in part, to the extent that plaintiffs shall have
additional time to serve the complaint. The motion is denied in all other respects.
The Clerks Office is directed to provide plaintiffs with the necessary blank
summonses and waivers. Signed by Magistrate Judge Landya B. McCafferty.
(cmp) (Entered: 12/13/2010)
12/27/2010 17 MOTION/Demand for FBI's Necessary Return of Raided Files & Complaint and Notice
of Entitlement and Compliance with 12/13/10 Order filed by Jorg Busse, Jennifer Franklin
Prescott. (Attachments: # 1 Exhibit A, Property Related Documents)(cmp) (Entered:
12/28/2010)
03/07/2011 18 NOTICE of Change of Address as to Jorg Busse, Jennifer Franklin Prescott (cmp)
(Entered: 03/10/2011)
03/07/2011 19 MOTION: Emergency Demand for "Appropriate Time Period" and Return of Plaintiffs'
Litigation Files Pursuant to Fed.R.Civ.P.4 filed by Jorg Busse, Jennifer Franklin Prescott.
(cmp) (Entered: 03/10/2011)

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 6/7
3/11/2011 CM/ECF - U.S. District Court:nhd

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Transaction Receipt
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http://www.scribd.com/doc/36558947/David-M-Owen-Prosecution-Lee-County-Corruption

August 25, 2010


CERTIFIED DELIVERY
David M. Owen
Crooked Lee County Attorney
Foreclosure & Fraud Capitol of the World
Fort Myers, Florida
OWEND@LEEGOV.COM

RE: DAVID M. OWEN CRIMINAL INVESTIGATION; PUBLIC CORRUPTION

Corrupt David M. Owen:

1. As “Attorney for Appellee” Crooked Lee County Property Appraiser Kenneth M.


Wilkinson, the $24.30 final mandate and money judgment was “directly payable” to your
Office pursuant to Doc. # 365, 06/15/2009, p. 15, Case 2:2007-cv-00228.
2. On 03/17/2009, the Attorney for Def. Crooked Official Wilkinson had signed the Bill of
Costs, Fed.R.App.P. 39.
3. Idiotically and capriciously, your Office again obstructed the satisfaction of said
$24.30 for criminal purposes of, e.g., extortion and racketeering, U.S.A. Ex Rel. et al. v.
U.S.A. et al.
4. The facially falsified “writ of execution”, Doc. # 425, BUSSE v. LEE COUNTY, FL,
(under appeal), stated
a. PLACE: 2115 Second Street, 6th Floor;
b. CITY: Fort Myers
5. Organized corruption and crime objectively impaired your ability to, e.g.:
a. Read;
b. Perform your official duties as Crooked Lee County Attorney in Chief.
6. Pursuant to the official Government records there was
a. NO lien, § 55.10, Florida Statutes;
b. NO lis pendens, § 48.23, Florida Statutes.
7. Pursuant to § 55.141, Fla. Stat., the $24.30 was
a. Satisified;
b. Did not encumber any property;
c. Did not cloud any title;
d. Never attached to Lot 15A, Cayo Costa.
8. On the record, you have been raping the law and recklessly injuring thousands of
victims.
9. Pursuant to § 695.26, Florida Statutes, you conspired with other Defendants and
Officials to
a. Falsify “Lee County ownership” of non-existent “land parcels”;
b. Falsify “land parcel” “12-44-20-01-00000.00A0”;
c. Conceal the prima facie nullity and criminality of “O.R. 569/875”.
10. Please schedule another “satisfaction and/or settlement conference”, § 55.141, Fla. Stat,
at your earliest conference. Prepare for the public and media to attend.

1
11. The undersigned Government extortion and racketeering victims and whistle-blowers
demand the presence of law enforcement. See Police Case # 2010-0128399, Fort Myers
Police Department.
12. The Criminal Investigation Proceedings against your Office are published worldwide.
See, e.g., Google, Scribd, YouTube, et al.
13. Under Florida’s Sunshine Law and Federal law, the Plaintiff public corruption victims
demand any and all business records regarding your fraudulent and false claims of, e.g.:
a. Fake “judgment” against Dr. Jorg Busse;
b. Fake “July 29, 2009, judgment”;
c. Fake “recording” of fake “judgment”;
d. Fake “lien”;
e. Fake “rule 38 motion”, Fed. R. App. P. 38.
14. Illegally, your office altered official documents and records with criminal intent to
extort money and Lot 15A, Cayo Costa, PB 3 PG 25 (1912).
15. Your Office conspired to
a. Conceal the bribery and judicial corruption of, e.g.,
i. U.S. Magistrate Sheri Polster Chappell, Fort Myers;
ii. U.S. Judge John Edwin Steele, Fort Myers.
16. Under Florida and Federal law, any involuntary alienation of property is exclusively and
necessarily a judicial function.
17. Here, your extortion and “ownership” “claims” have been facially
a. Idiotic and insane;
b. Irrational and unintelligent;
c. Arbitrary and capricious;
d. Crooked, corrupt, and criminal.
18. The Plaintiff victims seek your criminal prosecution, U.S.A. Ex Rel. et al. v. U.S.A. et
al.

PUBLIC NOTICE TO FLORIDA JUDGES


Altonaga, Cecilia Maria District Judge Southern District of Florida
Antoon, John II District Judge Middle District of Florida
Baker, David Allan Magistrate Judge Middle District of Florida
Bandstra, Ted Eugene Magistrate Judge Southern District of Florida
Briskman, Arthur B Bankruptcy Judge Middle District of Florida
Brown, Stephen T Magistrate Judge Southern District of Florida
Bucklew, Susan Cawthon District Judge Middle District of Florida
Castagna, William J District Judge Middle District of Florida
Cohn, James I District Judge Southern District of Florida
Collier, Lacey Alexander District Judge Northern District of Florida
Conway, Anne Callaghan District Judge Middle District of Florida
Cooke, Marcia Gail District Judge Southern District of Florida
Corrigan, Timothy John District Judge Middle District of Florida
Covington, Virginia Maria District Judge Middle District of Florida
Cristol, A Jay Bankruptcy Judge Southern District of Florida
Davis, Gordon Miles Magistrate Judge Northern District of Florida
Delano, Caryl Emerson Bankruptcy Judge Middle District of Florida
Dimitrouleas, William Peter District Judge Southern District of Florida
Dube, Robert L Magistrate Judge Southern District of Florida
Dubina, Joel F. Circuit Judge Eleventh Circuit
Fawsett, Patricia C District Judge Middle District of Florida
Fay, Peter Thorp Circuit Judge Eleventh Circuit
Frazier, Douglas Nelson Magistrate Judge Middle District of Florida
Funk, Jerry A Bankruptcy Judge Middle District of Florida
Garber, Barry L Magistrate Judge Southern District of Florida
Glenn, Paul Mitchell Jr. Bankruptcy Judge Middle District of Florida
Gold, Alan Stephen District Judge Southern District of Florida
Gonzalez, Jose A Jr. District Judge Southern District of Florida

2
Graham, Donald Lynn District Judge Southern District of Florida
Hinkle, Robert L District Judge Northern District of Florida
Hodges, William Terrell District Judge Middle District of Florida
Hoeveler, William M District Judge Southern District of Florida
Howard, Marcia Morales District Judge Middle District of Florida
Huck, Paul Courtney District Judge Southern District of Florida
Hurley, Daniel T K District Judge Southern District of Florida
Hyman, Paul George Jr. Bankruptcy Judge Southern District of Florida
Isicoff, Laurel Myerson Bankruptcy Judge Southern District of Florida
Jenkins, Elizabeth Ann Magistrate Judge Middle District of Florida
Jennemann, Karen Sue Bankruptcy Judge Middle District of Florida
Johnson, Linnea R Magistrate Judge Southern District of Florida
Jones, Gary Richard Magistrate Judge Middle District of Florida
Jordan, Adalberto J District Judge Southern District of Florida
Killian, Lewis Martin Jr. Bankruptcy Judge Northern District of Florida
Kimball, Erik P Bankruptcy Judge Southern District of Florida
King, James Lawrence District Judge Southern District of Florida
Kovachevich, Elizabeth A District Judge Middle District of Florida
Lazzara, Richard Allan District Judge Middle District of Florida
Lenard, Joan A District Judge Southern District of Florida
Lynch, Frank Joseph Jr. Magistrate Judge Southern District of Florida
Mark, Robert Alan Bankruptcy Judge Southern District of Florida
Marra, Kenneth A District Judge Southern District of Florida
Martinez, Jose E District Judge Southern District of Florida
May, K Rodney Bankruptcy Judge Middle District of Florida
McAliley, Chris Marie Magistrate Judge Southern District of Florida
McCoun, Thomas B III Magistrate Judge Middle District of Florida
McEwen, Catherine Peek Bankruptcy Judge Middle District of Florida
Melton, Howell W District Judge Middle District of Florida
Merryday, Steven D District Judge Middle District of Florida
Mickle, Stephan Pierre District Judge Northern District of Florida
Middlebrooks, Donald M District Judge Southern District of Florida
Moody, James Shelton Jr. District Judge Middle District of Florida
Moore, John H II District Judge Middle District of Florida
Moore, Kevin Michael District Judge Southern District of Florida
O'Sullivan, John James Magistrate Judge Southern District of Florida
Palermo, Peter R Magistrate Judge Southern District of Florida
Paskay, Alexander L Bankruptcy Judge Middle District of Florida
Paul, Maurice M District Judge Northern District of Florida
Pizzo, Mark Allan Magistrate Judge Middle District of Florida
Presnell, Gregory A District Judge Middle District of Florida
Ray, Raymond Billy Bankruptcy Judge Southern District of Florida
Richardson, Monte C Magistrate Judge Middle District of Florida
Rodgers, Margaret Catherine Magistrate Judge Northern District of Florida
Rosenbaum, Robin Stacie Magistrate Judge Southern District of Florida
Ryskamp, Kenneth L District Judge Southern District of Florida
Schlesinger, Harvey E District Judge Middle District of Florida
Scriven, Mary S Magistrate Judge Middle District of Florida
Seitz, Patricia Ann District Judge Southern District of Florida
Seltzer, Barry Steven Magistrate Judge Southern District of Florida
Sharp, George Kendall District Judge Middle District of Florida
Sherrill, William Calvin Jr. Magistrate Judge Northern District of Florida
Simonton, Andrea Miles Magistrate Judge Southern District of Florida
Snow, Lurana S Magistrate Judge Southern District of Florida
Snyder, Howard Towsend Magistrate Judge Middle District of Florida
Stafford, William Henry District Judge Northern District of Florida
Steele, John E District Judge Middle District of Florida
Tjoflat, Gerald Bard Circuit Judge Eleventh Circuit
Toomey, Joel Barry Magistrate Judge Middle District of Florida
Torres, Edwin G Magistrate Judge Southern District of Florida
Turnoff, William C Magistrate Judge Southern District of Florida
Ungaro-Benages, Ursula M District Judge Southern District of Florida
Vinson, C Roger District Judge Northern District of Florida
Vitunac, Ann Emily Magistrate Judge Southern District of Florida
White, Patrick A. Magistrate Judge Southern District of Florida
Williamson, Michael G Bankruptcy Judge Middle District of Florida
Wilson, Charles R Circuit Judge Eleventh Circuit
Wilson, Thomas G Magistrate Judge Middle District of Florida
Zloch, William J District Judge Southern District of Florida

3
___________________________
/s/Jorg Busse, M.D., M.M., M.B.A.
Private Attorney General; Plaintiff public corruption & racketeering victim
jrbu@aol.com
10 Benning ST # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands

_____________________
[/s/Jennifer Franklin Prescott]
Private Attorney General; Plaintiff Government racketeering & corruption victim
bhtjw@aol.com
10 Benning Street # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands
JACK NEIL PETERSON FLORIDA BAR COMPLAINT
http://www.scribd.com/doc/36533154/Florida-Bar-Complaint-JACK-NEIL-PETERSON-
0832774

JACK NEIL PETERSON, ASSISTANT, FLORIDA BAR # 0832774


Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: peterj@leegov.com

kmarvin@flabar.org,
saustin@flabar.org,
tmiller@flabar.org,
ysherron@flabar.org,
rscott@flabar.org,

4
eto@flabar.org,
rtraynor@flabar.org,
rscott@flabar.org,
creynolds@flabar.org,
amorgan@flabar.org,
rscott@flabar.org,
czahner@flabar.org,
sfleming@flabar.org,
mswiggard@flabar.org,
rblackbu@flabar.org,
dbicknell@flabar.org,
lblomberg@flabar.org,
lcook@flabar.org,
mlucas@flabar.org,
cvaught@flabar.org,
jwilson@flabar.org,
lacuff@flabar.org,
mobos@flabar.org.
lcook@flabar.org,
cvaught@flabar.org,
ajackson@flabar.org,
spiland@flabar.org,
aaustin@flabar.org,
kklinkman@flabar.org,
dmartin@flabar.org,
dmaffei@flabar.org,
fwalker@flabar.org,
vbrand@flabar.org,
lblomberg@flabar.org,
dbicknell@flabar.org,
esloyer@flabar.org,
esloyer@flabar.org,
kbible@flabar.org,
thill@flabar.org,
cdodd@flabar.org,
stillman@flabar.org,
dmaffei@flabar.org,
vbrand@flabar.org,
esloyer@flabar.org,
mvalencianomarin@flabar.org,
kkelly@flabar.org,
lblomberg@flabar.org,
phill@flabar.org,

5
6
7
8
9
10
11
12
EXHIBITS

SUPPORTING PUBLIC RECORD EVIDENCE

EXTORTION, FRAUD, OBSTRUCTION OF JUSTICE, RETALIATION, BRIBERY …

A. FACIALLY FRAUDULENT AFFIDAVIT [DEF. JACK

N. PETERSON, K. M. WILKINSON] INSTR 4371834, O.R. 4517 PG 1914, Collier

County Public Records

B. PRIMA FACIE NULL & VOID “writ of execution”,

Case No. 2:07-cv-00228

C. PRIMA FACIE NULL & VOID “O.R. 569/875” AND

LAND EXTORTION SCHEME

D. 07/21/2010 letter by Def. Racketeer JACK N.

PETERSON

E. Def. CHARLIE GREEN’S recording instructions

F. RACKETEERING AND EXTORTION record

evidence, Doc. # 429, Case 2:07-cv-228

G. Docket as CERTIFIED by Def. Diane Nipper on

07/16/2010, Case No. 2:07-cv-00228

Conclusively evidencing record absence of fictitious and fabricated appeal “09-13196”

H. FALSIFICATION of “appeal no. 09-13196” by Def.

Beverly B. Martin pursuant to CERTIFIED docket at B., which evidenced the lack of any

such “appeal” and the “frivolity”-racketeering-and-extortion-scheme of record; “JUL 19

2010” CASE FIXING &

“DISMISSAL AS FRIVOLOUS”

13
I. DOC. # 434, 07/22/2010, by Def. JOHN E. STEELE,

CASE NO. 2:2007-CV-00228

J. Third Amended Complaint, Case No. 2:2007-cv-00228,

Doc. # 288, 282 (11 pages),

PRIMA FACIE NULL AND VOID “legislative act” and/or “law”, Fake “O.R. 569/875”,

FACIALLY FALSIFIED “regulation” and/or “resolution” attached as Page 9 of 11;

ETHICS COMPLAINT against Def. Crooked Lee County Official JACK N. PETERSON

Attached as Page 10 of 11

K. PRIMA FACIE FRAUDULENT and FRIVOLOUS

motion by Defendant Racketeer and “land parcel” Forger K. M. Wilkinson; “Appellee

Property Appraiser’s Motion for Sanctions for Filing of a frivolous Motion”, “Rule 27-4”,

Case No. 2:2007-cv-00228, Doc. # 386-2, pp 1-3, Doc. # 386-3, p. 15

L. BINDING PRECEDENT and RECORD EVIDENCE of

OBSTRUCTION OF JUSTICE, JUDICIAL RETALIATION, and EXTORTION under

color of fake “judgment” & “writ”,

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490(11th

Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

M. Lee County, FL, INSTRUMENT # 2010000171344,

WARRANTY DEED Lot 15A, “Cayo Costa, Lee County Plat Book 3, Page 25 (1912) (2

pages)

N. RECORD RACKETEERING EVIDENCE: “Motion for

Issuance of writ of execution …”,

14
RECORDED EVIDENCE of EXTORTION, FRAUD & FALSIFICATION of un-recorded

judgment, Doc. # 386, Case No. 2:2007-cv-00228, by Def. Racketeer Jack N. Peterson;

PERVERSION of recorded “$24.30 judgment” into fake “$5,048.60 debt”

O. Lee County Tax Collector’s Office, Statement of Paid

Property Taxes, Lot 15A, Cayo Costa

(2 pages)

P. DENIAL of “Appellee Wilkerson’s Motion to Alter or

Amend the Judgment”,

FALSIFICATION of “Rule 38 motion”, record evidence, Doc. # 386-5

FALSIFICATION of “Rule 38 judgment”, record evidence, Doc. # 386-5

FALSIFICATION of “Rule 38 bill of costs”, record evidence, Doc. # 386-5

FALSIFICATION of unsubstantiated “$5,000 in attorney’s fees”, Doc. # 386-5

By Defendant Racketeers Dubina, Chief Judge, Tjoflat, and Birch, Circuit Judges

Facially forged and pasted “certification”, Doc. # 386-5, p. 2, right lower corner

Q. MEMORANDUM OF NO DEDICATION OF THE

CAYO COSTA ROADS TO PUBLIC,

From The Office of Lee County, Florida, Attorney, Dec. 29, 2000, Joan C. Henry, Esq.

R. 1912 Plat of undedicated private “Cayo Costa” Subdivision

in Lee County Plat Book 3, P. 25

S. Recorded Survey of riparian Lot 15A, Cayo Costa, PB 3

PG 25 (1912) on the Gulf of Mexico

T. Fraudulent Lee County Inventory Control File, FALSIFIED

parcel 12-44-20-01-00000.00A0

15
O.R. 1651 / 2488, O.R. 2967 / 1084 – 1090, BLUE SHEET 980206, 03/24/1998(6 pages)

U. Falsified “Parcel 12-44-20-01-00000.00A0” by Def.

Racketeer Kenneth M. Wilkinson (2 p)

V. Falsified “resolution”, “legislative act”, and/or “law” by

Def. Racketeer John Edwin Steele,

Doc. ## 288, 282, Case No. 2:2007-cv-00228

W. “Judgment Issued as Mandate June 11 2009”, in the

amount of $24.30, FRAP 39 (1 p)

RACKETEERING/EXTORTION EVIDENCE: March 5, 2009 “opinion”, 11th Circuit

X. Bill of Costs Issued as Mandate June 11 2009, in the

amount of $24.30, FRAP 39 (1 p)

Y. Fraudulent “Conclusion” and Case Fixing by Defendant

U.S. Circuit Judges, Doc. # 365, Case No. 2:2007-cv-00228; Doc. # 386.

Z. STATE Court Docket, Plaintiffs’ Case No. 2006-CA-

003185, BUSSE v. STATE OF FLORIDA, Defendant Judge GERALD, LYNN, Jr., Filed

07/31/2006,

REMOVED to U.S. District Court by Def. Judges John E. Steele and S. Polster Chappell

AA. EXTORTION & PUBLIC CORRUPTION NOTICE to

Def. Drew Heathcoat, U.S. Clerk (2 pages)

BB. Federal Bureau of Investigation Special Agent in Charge,

Steven E. Ibison

CC. DESTRUCTION of official records as evidenced by

search of “2007-00228”, 11th Circuit

16
DD. DESTRUCTION of Docket No. 201010963, U.S. Court of

Appeals, 11th Circuit

EE. CASE FIXING, OBSTRUCTION OF JUSTICE, AND

RETALIATION by Def. Judges Black, Carnes, and Martin, dated “JUL 19 2010” (2 pages)

FF. NOTICE OF CORRUPTION AND LETTER

DEMANDING AUTHENTICATION, Def. JOHN LEY, U.S. Circuit Clerk, 11th U.S.

Appellate Circuit (2 pages)

GG. Motion to Stay Prima Facie Illegal Execution as a

Matter of Law, Case No. 2:10-cv-

00390 (5 pages)

HH. Section 838.022, Florida Statutes, OFFICIAL

MISCONDUCT

Chapter 838, Fla. Stat., BRIBERY, MISUSE OF PUBLIC OFFICE

II. Case No. 2:2010-cv-00089, Doc. # 29, pp. 4, 7, Def. U.S.

Attorney, Tony West, Matthew

L. Fesak, affirming U.S. jurisdiction under “civil RICO”

JJ. FACIALLY FALSIFIED “writ of execution”, Case No.

2:2007-cv-00228, Doc. # 425

KK. Section 55.10, Florida Statutes, Judgments…,

Chapter 55 Judgments, Florida Statutes

LL. Defendant Racketeer K. M. Wilkinson’s Answers to

Plaintiff’s First Set of Interrogatories” under oath, 10/22/2007; in particular, asserting under

oath the RECORD ABSENCE of “public Cayo Costa easements”, Answer # 24

17
MM. Florida 19th Statewide Grand Jury on Public

Corruption (09/30/2009 Petition), Florida Statewide Prosecution Office, Office of the

Attorney General of Florida.

NN. FALSIFIED “Plat” of “Cayo Costa Subdivision” as

falsified and filed by Defendant Racketeer K. M. Wilkinson as “Exhibit A”, Case No. 2:2007-

cv-00228

OO. Publicly recorded Case Fixing and Obstruction of Justice

by Defendant Judges Gerald B. Tjoflat, Susan Birch, and Joel F. Dubina, Chief Judge, U.S.

Court of Appeals, 11th Circuit, Doc. # 365, Case No. 2:2007-cv-00228

PP. Fraudulent Order, Case No. 2:2007-cv-00228, Doc. # 422,

pp. 17-18, by Defendant Racketeer John E. Steele, evidencing extortion, obstruction of

justice, obstruction of court access, and retaliation under fraudulent pretenses of, e.g.,

“writ of execution”, “lack of jurisdiction”, “ripeness requirements”, “frivolity”, “sanctions”,

and under color of authority and office.

QQ. FBI Complaint against Def. Lee County Commissioner

John Manning

RR. Concealment of fake writ, Doc. # 434, Case No.

2:2007-cv-00228, by Def. J. E. Steele

SS. FBI Complaint against Def. U.S. Circuit Judge Beverly B.

Martin,

Including “JUL 19 2010” CASE FIXING FOR BRIBES and RACKETEERING

TT. Record Evidence of Destruction of Plaintiffs’ Appeal

Records, ## “10-10963, 10-10967”

18
UU. GOVERNMENTAL FORGERIES, “O.R. 569/875”,

FORENSIC EVIDENCE

VV. Facially Fraudulent Order, Doc. # 338, Case 2:2007-

cv-00228, by Def. John E. Steele

WW. March 08, 2010 Letter by Def. John Ley, U.S. Circuit Clerk

XX. DESTRUCTION AND ALTERATION OF OFFICIAL

RECORDS, EVIDENCE

YY. FRAUDULENT 04/06/2010 Order by Def. Crooked

Circuit Judge Beverly B. Martin

ZZ. Supreme Court Justice David Souter Communications,

including binding precedent of

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY

AAA. OTHER; OTHER PUBLIC RECORDS

BBB. SATISFACTION OF ONLY MONEY JUDGMENT OF

RECORD, $24.30

19
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Avoid the sneaky debt spiral Sam's credit card debt is
The Wednesday briefing was the first time officials have given much detail out of control and he's asked Chuck to help him get a
handle on his spending.
about federal reviews of improperly foreclosed homes. The details were
Play
pretty vague, since Donovan said the investigations were ongoing. The
FHA probe will be completed in nine weeks. Mastering Your Money
Home prices: What recovery? Home values haven't
Federal officials said some mortgage servicers didn't follow FHA rules at rebounded from the recession, leading some
the start of a foreclosure. For example, servicers are supposed to contact economists to fear a continued economic downturn.
borrowers who don't make mortgage payments and offer them a loan Play
modification or payment plan to allow them to stay in their homes.
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with the Federal Housing Administration. Data as of 6:39pm ET

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In addition to the FHA probe, a federal multi-agency task force has turned
its focus toward investigating whether crimes have occurred in mortgage
foreclosures. They're looking to see whether companies or servicers
showed a "criminal intent to take a home," and they're also looking into
contracting fraud. Sponsors

Headed by the Department of Justice, the task force originally came


together last November with a mission to investigate white collar financial
crimes related to the 2008 financial crisis.

The task force rejiggered its focus to mortgage and foreclosure fraud
earlier this year, when it launched a series of mortgage fraud summits that
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took place in Arizona and California. The task force also includes officials
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from Treasury, Housing and Urban Development, and the Securities and
City
Exchange Commission.
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The task force is also working with state attorneys general in their
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investigation of a practice dubbed "robo-signing," when bank employees
sign foreclosure affidavits without reading the records.

-- CNNMoney.com senior writer Tami Luhby contributed to this report

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U.S. eyes criminal violations in foreclosure crisis

Bank of America resumes foreclosures in 23 states

Foreclosures: Next shoe to drop for banks?

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BLOGS: TOPICS:
Street Sweep Term Sheet | Venture Capital Private Equity Banking Economy Colin Barr
Colin Barr has covered finance
Street Sweep for Fortune.com since
November 2007. Previously he
Following the money in banking, economics and Washington was a writer and editor for
TheStreet.com, winning a 2006
Society of American Business

States press banks on Editors and Writers award for


"The Five Dumbest Things on
Wall Street," and for Dow Jones Newswires. He is a 1991
foreclosures: update graduate of Penn State and lives in Port Washington, N.Y.,
with his wife Meena Bose and their two kids.
Posted by Colin Barr
January 10, 2011 6:37 am Email This Author

Subscribe to Street Sweep: RSS feed

Good luck to you, sir

Can we shame the biggest banks into finding a conscience?

It sounds like a long shot, but New York City Comptroller John Liu (right) is willing to give it a try.
Liu leads a group of public pension fund managers in five states who released a letter Sunday
demanding the banks investigate their mortgage and foreclosure practices.
RECENT RECENT
POSTS COMMENTS
The letters went to Bank of America (BAC), JPMorgan Chase (JPM), Wells Fargo (WFC) and
Citigroup (C). Liu's group includes state retirement funds in Connecticut, Illinois, North Carolina
Tranquil trading buffets banks
and Oregon and has $432 billion in assets.
How much is that startup in the window?
The campaign is nothing if not well timed. On Friday, bank stocks tumbled after a Massachusetts
court ruled two 2007 foreclosures invalid on the grounds the banks couldn't prove they owned Dollar doom bets hit new high
the mortgages. One justice blasted Wells and U.S. Bancorp (USB) for their "utter carelessness" in
Battery Ventures did NOT raise a late-stage
handling homeownership documents. tech fund

"The banks' boards cannot continue to pretend the foreclosure mess is the result of technical Venture capital gets disrupted (in a good way)
glitches and paperwork errors," Liu said.

That remains to be seen, alas. The banks didn't exactly beat a path to Liu's doorstep to ask how
they might stay in the pension funds' good graces, in spite of the $5.7 billion the funds have
invested in the banks. That sounds like a lot, but it's a rounding error next to the big four's
combined market value of $625 billion.
Receive Fortune's newsletter on all the deals that matter,
Citi and Wells Fargo both said they are reviewing the letter from the state pension funds.
from Wall Street to Sand Hill Road. Written by Dan
JPMorgan Chase declined to comment. Update 9 a.m.: Bank of America said:
Primack and emailed every day and as news happens.
The letter from the pension funds brings up a concern that the bank is already
addressing – the future prevention of compliance failures and restoration of Sign up now!
confidence in the foreclosure processes. The points they make have been brought
up time and time again, reviewed and fully considered. In fact, this week, the bank
filed a brief in response to a New Jersey judge that essentially addresses the same Contributors
concerns.

…cnn.com/…/states-press-banks-on-fo… 1/4
3/8/2011 States press banks on foreclosures: up…
This is no surprise, of course. For the past four months, reports of shoddy practices ranging Colin Tranquil trading
from robosigning to parrot theft have made a mockery of the notion that the banks are Barr buffets banks
interested in anything but the bottom line. STREET SWEEP

Yet the the bankers have continued to sidestep the issue, and their greed and irresponsibility Dan How much is that
have yet to become anything approaching a bipartisan issue in Washington. The new chairman of Primack startup in
TERM SHEET the window?
the House Financial Services Committee, Rep. Spencer Bachus of Alabama, recently sized up the
government's job as doing what it can to help the banks.
Katie Let's try this again:
Meanwhile, the White House appears intent on using taxpayer-backed Fannie Mae and Freddie Benner Mortgage bond
ratings return
Mac to soak up the risk that another housing downturn will hammer bank balance sheets. with scrutiny
Favorable settlements will only strengthen bankers such as BofA chief Brian Moynihan, who last
Scott What Charlie Crist
year likened the bank's relationship with mortgage investors to hand to hand combat. Cendrowski wants with St. Joe
Fortifying the already entrenched bankers won't make fixing the troubled U.S. financial system any
easier. The mortgage securities market could be vulnerable to rulings like the one in
Duff SEC charges Raj
Massachusetts Friday, because investors may eventually decide the banks' promises simply aren't McDonald Gupta as insider
trustworthy. trading bust widens

"This is a landmark case that goes to the heart of the securitization industry," said Susan Wachter, Hedgeye Global stagflation is
a real estate and finance professor at Penn's Wharton School in Philadelphia . "The real message here to stay
is that this system is broken, and we are going to need to find a way to rebuild it."

Liu, a Democrat, has tried to appeal to the bankers' better side before, to no avail. In November, Allan Two governors. Two
he filed shareholder proposals at the four banks calling for a shareholder vote on an audit of Sloan parties. One solution.
mortgage practices. He said at a conference last fall that the banks must prove they are acting
responsibly before the economy will recover.
Nin-Hai Tom Coburn:
"Foreclosuregate probably isn't the end of the world, but it's pretty bad," he said in October. "If Tseng Government
public confidence isn't there, the foundation of the whole financial system is shaken." employees are a drag
on the economy
But the message of the past year is that the bankers don't care what's shaking as long as their Shawn The budget
jobs are secure -- and there's not much the pension funds can do about that. Tully for dummies

Tags: banks, foreclosures, liu, pension funds, shame, wells fargo


Becky Uncle Sam: Jacking up
3 Comments | Add a Comment Quick your airfare

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Loan modifications are quickly turning into refinancing mortgages via the mentality of "qualifying" for
modification. America, do not lose sight of the entire purpose of having a foreclosure defense case and loans Company Price Change % Change
modified thru arbitration with lawyers. In 2008 when the foreclosure avalanche was gaining momentum, Citigroup Inc 4.52 -0.02 -0.44%
homeowners where able to acquire a loan modification simply by proving they had a financial hardship. In
addition, establishing repayment ability was cruicial to determine if the reduced terms were feasable to keep Bank of America Corp... 14.03 -0.09 -0.64%
the loan in good standing with the investor. However we have somehow went from modifying mortgages due
to financial hardship into homeowners having to jump thru refinance guideline hoops just to get the loan Ford Motor Co 14.01 -0.41 -2.84%
restructured. In the meantime, lenders are still bulldozing homeowners into the the mass grave of CISCO Systems Inc 18.20 -0.20 -1.09%
homelessness. We have had numerous amount of clients crying in our offices before our attorneys asking
"Why does my bank do this to me? Why do they mislead me and waste my time?" The answer to that is General Electric Com... 20.38 0.01 0.05%
simple. It's the same bank that made unwise lending decisions during the purchase and refinance boom,
who is now making the decision on whether or not you are "worthy" enough to keep your house. I will not Data as of 4:01pm ET
forget to mention that these same investors such as Fannie Mae (FNMA) and Freddie Mac (FHLMC) have their symbol Sponsored by
hands so far in the Federal TARP cookie jar and are making substantial withdraws from the purse at the
same time they are refusing to modify mortgage loans and still push Americans out of their home. I more than
encourage that people stop allowing the banks to play games with their family's futre and consult with a
licensed barred attorney in the state of the subject property. If you or anyone you know are facing the trapdoor
of foreclosure, please call us today for a FREE consultation at 1-877-777-4700. Good luck! Most Popular
Posted By Secure Law Center. Jacksonville, FL: January 11, 2011 8:32 am MOST MOST EDITOR'S
READ COMMENTED PICKS

1. Steve Jobs' reality distortion takes... More


as usual, the know nothings and politicians are bashing the visible parts of the system when the actual
problem is somewhere else. 2. Don't blame Mideast turmoil for oil... More

In the MA case, the judge ruled that the Trust company which managed the pool of mortgages was the one 3. Speculators double down on oil More
that had failed to secure the proper signatures on the paperwork. Wells Fargo was only the unfortunate last
owner of the mortgage that wasn't properly sold from firm to firm. 4. Tom Coburn: Government employees are... More
That's a problem in the "back shop" of the securities firms and their supporting outfits, not with the major
5. GM's painful addiction? New car discounts... More
banks and the mortgage servicing firms.

Penalties for doing things wrong are all well and good. If you make them too punitive, what'll happen is things 6. How Scott Walker ignited a labor renaissance More
will be done right -- at YOUR expense.
7. From Guns N' Roses bassist to money... More
Who do you think owns the mortgages that people owe on? Most of them are NOT owned by the banks.

…cnn.com/…/states-press-banks-on-fo… 2/4
3/8/2011 States press banks on foreclosures: up…
They're owned by the pension funds and life insurance companies of America -- that's YOUR future money. Or
8. IBM's Sam Palmisano: A super second... More
else they're owned or guaranteed by Fannie Mae, et al -- your tax dollars.

There is no such thing as a free lunch. Forcing the banks to hold 5% interest in all the mortgages they 9. iPad 2: Will there be long lines? More
originate will only encourage them to make fewer mortgages.
10. About that Steve Jobs misquote More
Bankers well know that the life of a typical mortgage is seven years [longer in a recession] -- but they have NO
deposits of that life at all, which leaves them exposed to huge risk [which risk their regulators dislike] and thus
they should refuse to make fixed rate mortgage loans.

Hurray! We're going to go back to the days of variable rate loans with five year maximum fixed periods. Maybe
we even go back to depression lending standards -- 50% down and you pay the balance after five years.

Yes, the banks have troubles. Most of their troubles can be traced to their Boards of Directors and the
salesmen those boards choose to promote to CEO or President.

Salesmen always think making a loan is a good idea and most of them have no experience of collecting on
bad loans, even the bad loans they personally made.

Maybe the Boards of Directors should be refusing to promote salespeople to boss. Maybe the regulators will
either develop spines or figure out that real estate based lending of all stripes is risky and depends on the
liquidation value of the property in the depths of the next recession [and in its worst condition].

But don't hold your breath. They've [both groups] have been consistently making bad decisions since about
1923. [The recession of 1919-1920 is the last time the Federal government said 'no' to the banks. Calvin
Coolidge was President.]

Posted By Spock_rhp, Miami, FL: January 10, 2011 7:53 pm

Our banking system has been broken for quite some time with the banks acting recklessly with investors
money.

I was fortunate to have been able to resist pressure to borrow more than I could afford when I purchased my
home, but was shocked byhow little I had to prove at the time.

In the 90's I was between jobs and in a rough place economically, I was sent preapproved credit card
applications. Each place, financial information was requested, I filled in the word "Confidential". At that point, I
received 3 cards with a credit limit of almost $9000 between the 3. Since that time, I made a carree change
and my finances imporve dramatically. I have had credit limits increased ro a point wehere I believe my limit is
somewhere around astronomical and absurd which I never requested.

Now the system is collapsing aroound the banks. Upper management wants to keep thir life style of
outragous luxury and they are scrambling while taking shortcuts.

The scandals raise fear that even paying your bills on time may not stop a bank from attempting to foreclose
and forcing a person to spend large sums on lawyers just to defend.
Stealing a pet as has happened, forcing people out of their homes, and damaging homes with out criminal
penalties on those ordering it is totally outrageous. We must have a "time out" for forclosures and hold higher
management responsible for criminal fraud.

We also need severe penalties for any damage to a home or loss of beloved family pets or family heirlooms
to cover the emotional losses.

In addition, investors are losing badly due to what I see as fraud with the investments. We have laws that
should be enforced with major jail time along with repayment for the Higer managements ordering thse
things.
The govenment convicted Masloff,. I see no difference between him and the CEO, CFO and others at Bank
America, Citi or First Niagra. 'Go get 'em, Boys!!!"

Posted By Terry Greensburg PA: January 10, 2011 11:07 am

« David Stockman is back


Pre-Marketing 1.10.11 »

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