Saturday, March 12, 2011

BAD JUDGES IN FT MYERS - Complaint to the Review Committee for Senior Judges.

From: Bob Hurt (bob -at- bobhurt -dot- com)
Sent: Saturday, March 12, 2011 11:43 PM
To: seniorjudge  -at-  flcourts  -dot-  org
Subject: BAD JUDGES IN FT MYERS - Complaint to the Review Committee for Senior Judges.

Senior judges help handle the case backlog for foreclosures, among other matters.  Many of them flout the law, rules, and constitutions in the name of expediency, and they thereby rob litigants of justice, due process, and access to the courts.  They use bailiffs like lapdogs and guard dogs to do their bidding.  Bailiffs appear to have limited regard for the law or constitutional rights of litigants either, and they NEVER discipline a judge who violates the law.

DON’T rehire Thompson and Starnes in Ft. Myers (20th Circuit).  They run a rocket docket and do docket soundings under color of law. They deny constitutional rights, and use the rules whimsically to circumvent the law, routinely.

I have these notes from my interaction with OSCA over the matter:

Bob:  Who ordered senior judges Starnes and Thompson to conduct rocket docket?
OSCA:  Judges have complete discretion as how they handle their proceedings, but Legislature gave money to handle backlog through summary judgment courts.
In other words, Senior Judges take it upon themselves to clear out the foreclosure backlog by denying due process, such as giving litigants 5 minutes to present evidence, and blatantly denying legally sufficient disqualification motions.  Read  Notice that the Financial Crisis arose as a result of criminal behavior by lenders and government.  For that reason, lenders ought to wait their turn to foreclose, and judges give full, fair legal proceedings with full due process, even if it takes ten years to foreclose.  Lenders caused the foreclosure crisis.

Furthermore, Senior Judges know the mortgages and foreclosures have stem-to-stern fraud, including appraisal fraud to jack up realty prices above actual value for the past 4 decades.  Very few foreclosures ought to happen at all, and the senior judges should use their positions to shut down all but the truly deserving.  If you have even the slightest doubt as the truth of my comments, contact me for a full explanation backed by solid evidence.  Judges, including senior judges LACK THE TRAINING and SKILL to discover the fraud, and they rush defendants to judgment so fast, denying adequate discovery, and tolerating shenanigans from crooked foreclosure mill attorneys, that many defendants suffer undeserved foreclosures because of insufferably arroagant, BAD senior judges.

I will give you none chronological fact to prove fraud.  Check it for yourself:

The buyer executes a purchase agreement on the strength of the realtor’s assurance that the buyer will pay a fair price, even though the industry has grosslt inflated the value by failing to account in an appraisal for either income capitalization or replacement cost.  At the closing table, the borrower has never seen the mortgage or note and does not have a contract with the lender.  He suffers pressure from the seller and purchase agreement to consummate the purchase and loan.  Under this duress he executes note and mortgage with lies on them.  The Note provides “for a loan I have received” and he has received no loan.  The Mortgage provides “I am seised of the estate” and he has become seised of nothing.  Furthermore, the mortgage modifies the note, invalidating the note’s status as a negotiable instrument, and discharging the obligation of the borrower.  The closer then hands out HOT checks (a huge one to the seller) because the title company account has insufficient funds for the bank to honor the check.  The closer forwards the loan package to the lender.  The lender deposits the 30-year note as though cash, cre4ating “funds”.  The lender wires the same funds to the title company bank account.  The borrower thereby funds his own loan. 

In many cases, the lender induced the borrower to lie on the loan application, federal felonies in violation of 18 USC 1002 and 18 USC 1346.  Judges let that sail right past them.

The typical closing activity contains massive fraud, induced by clever but crooked lender, Realtors, mortgage broker, appraiser, and opportunistic seller.  Judges ought to go back to school to study this, all of which expert witnesses and attorneys have exposed in courts throughout America.  Furthermore, I have not even begun to address the monkeyshines such as robosigning, back dating, endorsement in blank, converting the borrower’s chattel (the note) in commerce (security certificate sales) without borrower authorization, mortgages invalidated permanently by splitting them from the note, securitization fraud (the securitization “trust” is actually an LLC in form and function), NON-verified complaints, and  lies (contrived by the Supreme Court) in the complaint (such as the claim that the plaintiff is the owner of the note when the maker of the note owns it and never sold or transferred ownership of the note to the plaintiff or anyone else).

Why did the Supreme Court need to issue an edict that foreclosure plaintiffs verify the complaint?  Because JUDGES DID SUCH A TERRIBLE JOB  OF HOLDING PLAINTIFFS ACCOUNTABLE FOR THEIR NUMEROUS LIES AND FRAUDS.

Well guess what?  They have not improved because many if not most judges still ignore that requirement 15 months later.  And I have not seen any judges lodging criminal charges against the plaintiffs or their attorneys for fraud on the court.

Throw Crocket Farnell and David Seth Walker off the review committee.  They behaved like crooks and will advocate crooks for senior judge (which explains Thompson and Starnes).  I watched them repeatedly stomp litigant’s constitutional rights in court on 28and 29 March 2006.  I see them the way I see the mafia.  You don’t do background checks on these review committee members, do you?

From: "The Florida Bar" <>
To: Lawyer who hates having crooks masquerade as judges
Sent: Saturday, March 12, 2011 2:01:13 PM
Subject: Comments requested on senior judges seeking service renewal
Comments requested on senior judges seeking service renewal

The following senior judges' current service will expire on September 30 and they are seeking service renewal.

Any persons having knowledge bearing upon the fitness or qualifications of any of the senior judges on this list to continue service as a senior judge should send, on or before April 15, written comments to Thomas D. Hall, Clerk, Florida Supreme Court, 500 South Duval Street, Tallahassee 32399, or by e-mail at, or by telephone to the chair of the appropriate review board as noted.

Florida Supreme Court Justices (Chief Justice Charles T. Canady, chair, (850) 410-8092): James E. Alderman and Ben F. Overton.

Review Board One (Judge Robert T. Benton II, chair, (850) 487-1000): Frank L. Bell, A. Keith Brace, Frederic A. Buttner, Thomas R. Ellinor, Erwin Fleet, William L. Gary, Mattox S. Hair, James L. Harrison, John P. Kuder, Charles O. Mitchell, Jr., Bernard Nachman, John T. Parnham, Stewart E. Parsons, Elzie S. Sanders, Peter K. Sieg, L. Ralph Smith, Jr., A. C. Soud, Jr., John D. Southwood, Joseph Q. Tarbuck, Richard G. Weinberg and William A. Wilkes.

Review Board Two (Judge Darryl C. Casanueva, Chair, (813) 272-3430): Horace A. Andrews, Robert E. Beach, Charles Lee Brown, Charles T. Carlton, Wayne L. Cobb, Stephen L. Dakan, Nancy K. Donnellan, Donald C. Evans, Crockett Farnell, Judith J. Flanders, Barbara C. Fleischer, Marion L. Fleming, Thomas M. Gallen, Frank A. Gomez, Oliver L. Green, Karl B. Grube, Anne H. Kaylor, William C. McIver, Daniel R. Monaco, Cecelia M. Moore, J. Rogers Padgett, Donald E. Pellecchia, Harry M. Rapkin, Thomas S. Reese, E. J. Salcines, Jack R. Schoonover, Radford W. Smith, Hugh E. Starnes, Ralph Steinberg, James R. Thompson, Ray E. Ulmer, Jr., and David Seth Walker.

Review Board Three (Judge Juan Ramirez, Jr., chair, (305) 229-3200, ext. 3216): Philip Cook, Robert M. Deehl, Charles D. Edelstein, Eugene J. Fierro, Seymour Gelber, Marvin H. Gillman, William E. Gladstone, Leonard E. Glick, Jon I. Gordon, Edward S. Klein, Judith L. Kreeger, Thomas K. Petersen, Jeffrey Rosinek, Alan R. Schwartz, Martin Shapiro, Roger A. Silver, Stuart M. Simons, Raphael Steinhardt, Herbert Stettin, Sandra Taylor and David L. Tobin.

Review Board Four (Judge Frederick A. Hazouri, chair, (561) 242-2078): William A. Bollinger, Eli Breger, George A. Brescher, Richard B. Burk, Miette K. Burnstein, David C. Clark, Patricia W. Cocalis, Roger B. Colton, Richard Y. Feder, Robert J. Fogan, Barry E. Goldstein, Howard H. Harrison, Jr., Hubert R. Lindsey, Susan Lubitz, James W. Midelis, John A. Miller, Leroy H. Moe, Robert H. Newman, Jerry Pollock and George A. Shahood.
Review Board Five (Judge David A. Monaco, chair, (386) 947-1514): John W. Booth, Marc A. Cianca, Ted P. Coleman, Richard F. Conrad, Barbara Gurrola, H. Pope Hamrick, Jr., Charles M. Harris, Charles M. Holcomb, William C. Johnson, Jr., Lawrence R. Kirkwood, Jeffords D. Miller, Victor J. Musleh, Robert J. Pleus, Jr., Rom W. Powell, Charles N. Prather, Edwin P. B. Sanders, Janis Halker Simpson, George A. Sprinkel, IV, William T. Swigert and Richard O. Watson.

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