Tuesday, April 19, 2011

Legislation proposal for HALT

To:  HALT http://halt.org

 

 

Terry Rudy

Rodd Santomauro

Dave McGee

 

Thank you for your efforts to help abolish legal tyranny.

 

I have a blog and Lawmen (law-related) google group.  You can visit them to see areas of my interest (see below).

 

I write to suggest points of legislation that will begin to fix the problem with legal tyranny.

 

1.        PTSD and LAS – most people who face a court unprepared by law school get legal abuse syndrome fairly quickly and lose the ability to defend their interests.  All should have an advocate and as good a legal counsel as the adversary has.  This constitutes the only such relationship that allows access to the courts, justice, and due process.

2.       The legislatures must pass constitutional amendments that

a.       Excise the bar from government

b.      Excise bar members from government

c.       Require all bar documents to become public records

3.       Require all attorneys and judges to pass a competency exam on constitutional principles, particularly rights

4.       Impose requirements for bonds on all attorneys and judges, which they pay for out of their own pockets, and make it easy for their victims to file complaints reviewed only by a grand jury

5.       Permanently empanel special grand juries with college graduate, financially self-sufficient electors who have passed competency tests on the constitutions – these investigate all evidence and allegations of public officer and attorney crimes

6.       Establish citizen tribunals of past special grand jurors under advice of retired judges of honor to try public officers indicted by grand juries

7.       Strengthen definitions of words in loyalty oaths and make violation of loyalty oath a felony.

8.       Eliminate all superfluous wording from all loyalty oaths.  For example, eliminate “and Government” from Florida’s public officer oath (Article II section 5(b), Florida Constitution):
“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of   (title of office)   on which I am now about to enter. So help me God.”,

9.       Establish court watcher org and database of their reports on judicial performance

10.   Mandate open video and audio recording by public of all court proceedings, no exceptions.

 

 

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Sunday, April 17, 2011

Jugito's Ha'ole Hawai'i Sourdough Bread

How to Make It, How to Bake It.
Two years ago last June (2009), Maria and I vacationed for a couple of months with Lisa, Maria's niece, in Hawaii, on the Big Island.  I tried to buy some "genuine" Hawaiian sourdough starter from a Hilo kitchen supply shop run by a local chef.  He claimed his starter constituted a "trade secret" and he couldn't give or sell any of it to anybody.  No way.

A few days later, I decided to make my own. I needed locally grown carbohydrates to culture and feed indigenous bacteria and yeast. I bought a taro root and white (super sweet) pineapple from a Hilo farmer's market.  At my Hilo residence I peeled and boiled the taro root, then I tried to pulverize it in the blender.  No go. The blender didn't have the power, so I went at it with a fork. In the old days native women pounded taro between two rocks to pulverize it.  I had the devil of a time doing it with a fork after cooking it.  I finally produced a mess of lumpy goo.

I sliced out some pineapple crushed it in the blender, and mixed it in.  I let the starter mix sit on the windowsill out of the sun for a few days.  A rubber band held a paper towel onto the glass. The first batch turned putrid.  The next batch fermented well and turned out okay, vigorously bubbling.  I fed it flour and bottled water for a few days,  I ended up drying a ziplock baggie of it and taking it home stateside.  Now, after two and a half years, I took the baggie out of the refrigerator and reconstituted it over several days, similar to making the starter from scratch.  Now I have prepared some starter to send to loved ones by drying it.

I brush the starter onto plastic wrap, let it dry, then crinkle it into a baggie for mailing.  You reconstitute it by adding water and flour and letting it sit covered on the counter till it starts bubbling, then feed it with ground or cooked grains or other carbs  (potatoes, wheat or rye flour, rice, oatmeal, cream of wheat, etc) with water to make a loose goo every 8 hours for a few days.  You can use the sponge/starter for sourdough pancakes or bread right away, but it gets better with some feeding cycles.  The dried starter on plastic wrap looks like this:

Ha'ole Hawai'i Sourdough Starter has dried in cool oven on plastic wrap for mailing

I made a pair of Hawaiian Sourdough Bread Loaves last night in bread pans intended for banana bread.  I overview my process as follows.


Making Sponge

First, I triple the starter from two tablespoons with equal weights of water and flour, let it ferment 9 hours, then repeat this twice more till I have 200 grams thereabout of "sponge."



My no-knead method of making and baking the bread:


  1. Get a kitchen scale to weigh stuff.  1 Tsp = 5 grams; 1 TBSP = 15 grams, 1 pint liquid = 1 pound = 454 grams.  Flour and sponge weigh less than a pound per pint. 
  2. Sponge weight = X
  3. Add 3X reverse osmosis/unchlorinated water to the sponge and mix it well with a spoon; I toss in another 1/4 cup water to make to make it a little sloppier for better rising.
  4. Add .1X (point one x) by weight sea salt; stir in well.  For 200 g sponge I use 4 tsp salt.
  5. Pour this mix into big bowl containing 5X bread flour (13% protein with trace of malt)
  6. Mix well, getting all ingredients wet
  7. Wait 45 minutes for fast yeast, or 1+ hour for slower yeast.  This stuff was pretty fast.
  8. Dust countertop with flour then stretch dough out on it, dust with flour, poke it all over with finger tips down onto surface, then fold it up bit by bit into a big blob, and return to bowl.
  9. Repeat 6 and 7 twice more
  10. Wait 1/2 hour
  11. Form into loaves, cover with saran wrap or upside down bowl/pan, ideally so you can see it rise.
  12. Wait till it rises significantly.  It could take hours.  In this case it took 2 to 3 hours.
  13. Heat oven to 500F
  14. Slice tops with X or long groove 2 to 3 " deep.  I snip with scissors because a knife tears the sticky dough.
  15. Put in oven and bake, turn oven to 425F after 15 minutes. 
  16. Remove when internal temp reaches 190F.  I use a Taylor probe thermometer I bought at amazon.com for about $5


For letting the dough rise, I wait till my patience has grown old and I worry that the yeast has depleted the dough.  Then I snip long ways with scissors in the sloppy dough (I hydrate it more than normal because wetter dough rises more easily).  Then I put it in a 500 degree F oven. 

I pull it out in 15 minutes, paint it with beaten egg with similar volume of milk, sprinkle poppy seeds on it, paint it again, and stick it back in the oven.  After 5 minutes, I lower the temperature to 425F and stick a thermometer probe in one of the loaves. 

When the temp hits 190F to 194F, I remove the probe, remove the loaves from the oven, turn off the oven, turn out the loaves onto a wire rack, and set the rack on top ot the open bread pans to cool.  If I set the rack on the stove top, humidity collects on the bottoms of the loaves.  I let the loaves cool a minimum of 30 minutes.  This lets them finish cooking inside and cool enough to retain moisture.

I photographed the loaves that follow immediately after setting the wire rack on the bread pans.  They smelled up the house with their delicious aroma at 3 AM this morning.


Ha'ole Hawai'i Sourdough Bread loaves cool best on rack atop hot bread pans

You can see where I snipped the loaves down the center of the top. In spite of this, “oven spring” made the loaves crack somewhat both on the tops and at the ends below the tops. The cracks don't adversely affect flavor, but they allow the loaves to dry out faster. I remove them from the oven at 190F because if I let them reach boiling temperature of 212F, they will really dry out inside because of evaporation.

The loaves developed a gorgeous brown sheen because of the egg wash, which also gave the crust a good crunchiness. I preheated the oven to 500F because I find it necessary to balance even cooking inside with development of a nice crust on the outside. Too low a temperature leaves the loaves with a light and washed-out-looking crust. Too high makes the crust darken excessively or burn before the insides reach terminal temperature of 190F.

The amount of oven spring you get depends on the kind of starter, ingredients in, temperature, and gluten development of the dough, and both time and temperature during the rise before baking. I have not determined the ideals for these with dough made from the Hawaiian starter. Ideally, the oven spring will expand the loaves to the point of cracking the crust, so I must put the loaves in the oven near depletion of the yeast action in the dough. If I put it in too soon, the loaves will turn out too dense, and will give no oven spring. Too late and I'll get little oven spring, and the bread might taste too tart because of over-development of acetic acid from bacterial action, or get dense from gas loss.

I don't worry about it much, though. Look at what the pros do at Acme (http://acmebread.com).

Ha'ole Hawai'i Soudough Bread loaves have crunchy crust



Next you see the crumb (texture) of a loaf I sliced into late this afternoon. Maria spread the slices with garlic butter, oven-toasted them, and served them with my home-made spaghetti and meatballs. The girls at the table gave the bread two thumbs up, and went back for seconds.

Want a bite of that delicious Ha'ole Hawai'i Sourdough Bread?

Want to make your own?

 Okay, SASE me with a $10 bill or via PayPal, or a wee bit o' silver or gold.

I'll send you some Jugito brand Ha'ole Hala-kahiki / Kalo* Hawai'i Sourdough Bread Starter. I'll also hand-hold you through the process till you bake like a Ha'ole pro.
(Shhh! Trade Secret!)


Ha'ole Hawai'i Sourdough Bread, Sliced

* Meanings of some Hawaiian words - 
  • Ha'ole - Hawaiian lingo for Caucasians - hao'le ("no-breath") literally means ghost.  I'm a ha'ole.
  • hala-kahiki - pineapple
  • kalo - taro
The online translator didn't show me translations for bread or sourdough.


About the Author

Bob Hurt lives happily with his wife Maria in Clearwater, Florida. Retired from decades in the computer industry, Bob spends his leisure time hugging Maria, playing country/classical/swing guitar, studying law, and writing political, social, religious, and legal commentaries. He bakes and cooks for Maria, and occasionally writes about that too.
--
Bob Hurt, Concerned Bob Hurt        My Blog
2460 Persian Drive #70
Clearwater, FL 33763
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Thursday, April 14, 2011

Re: Celebrating Human Sacrifice

Dear Dr. Alan Mark Grayson:

I have started arriving at the conclusion that you have a reasoning deficiency, in spite of your advanced degrees and studies in economics, law, and government.  I watched your youtube rebuke of the inspector general of the Federal reserve, and loved your persistence in getting at the truth of Fed debt on and off the balance sheet.  That stands in stark, and I would say hypocritical, contrast to your attitude regarding utterly wasting money on work that rightly belongs to third-world governments.  On 04/13/2011 03:31 PM, you wrote to me this message authorized by the committee to reelect Alan Grayson:

Dear Robert,
In Washington, DC, the leaders of both parties are celebrating. "Woo-hoo, we made a deal! Isn't that great?!"
Well, it depends on the deal.
There is one particular part of the federal budget that I've been following closely for the past couple of weeks. Since March 30th. When Rajiv Shah, the head of the US Agency for International Development, testified that Republican budget cuts would kill 70,000 children
"We estimate, and I believe these are very conservative estimates, that H.R. 1 [the original Republican budget proposal] would lead to 70,000 kids dying," he said.
"Of that 70,000, 30,000 would come from malaria control programs that would have to be scaled back specifically. The other 40,000 is broken out as [follows:] 24,000 would die because of a lack of support for immunizations and other investments, and 16,000 would [die] because of a lack of skilled attendants at birth."
Now, admittedly, all these children deliberately chose to be born outside the United States. To make things worse, they selected parents living in poverty. And, of course, most of them have brown skin.
Dr. Grayson, you have misplaced your sarcasm.  The children's parents engaged in unwise procreation.  We should not pay for their mistake, which they will repeat.  The parents' government wasted its resources on graft and corruption.  It could have spent those resources wisely to limit procreation by parents unable to care for their children effectively.   Therefore, the parents and government in third world lands created the problem, and ultimately only they can solve it.  The conditions they live in will ultimately kill them prematurely anyway, through no fault of ours, whether the USA spends money on them or not. 

Notwithstanding all that, I would very much prefer to see these children alive. Maybe it's just me, but it disturbs me to think that 70,000 innocent children will die in pain from malaria or some other horrible disease, or die at birth because no one in the neighborhood happens to know how to perform an episiotomy.
Not to mention the mothers. Among women, at the time when my mother was born, the second leading cause of death was birth. Childbirth, specifically. That's still true in some other parts of the world.
I share your sentiments.  With all your education do you have even a vague clue as to the CAUSE of the problem?  Have you not learned by now that you cannot heal a cancer tumor by putting a band-aide on it?  Feeding and medicating those children will result in government waste and theft of the aid we give, as it always does.  And that will not fix either the corrupt government or the incompetence and irresponsibility of the parents.

After I heard about Shah's testimony, I looked up the bill he was referring to, H.R. 1. It's true. In Title XI of the bill, the section on the State Department and Foreign Operations appropriations, there are big cuts.
Then yesterday, when the Republicans posted their new budget bill H.R. 1473 online, I looked that up, too. And, starting on Page 364, I saw big cuts in the State Department and Foreign Operations appropriations. Not quite as big as H.R. 1. But still big.
Personally, I'd like to know how many children H.R. 1473 is going to kill. But no one in Washington, DC is likely to provide that figure, because the leaders of both parties are so busy celebrating the "compromise."
I'll answer that question for you:  ZERO.  We kill no one by refusing to fund foreign programs to feed, clothe, medicate, or educate the feckless people whose governemnts will continue the policies that put the children in harm's way to begin with.  When you devise a way to prevent the births of such children, THEN you will have devised an actual solution.

But there is no compromise, there is no middle ground, between life and death.
What's your point?

The record for human sacrifice was established in 1487, by the Aztecs. Aztec priests slaughtered 80,000 prisoners of war, to celebrate their new temple. (The event was loosely portrayed in Mel Gibson's 2006 movie Apocalypto.)
How do you equate refusal to waste money saving kids who will die young anyway with MURDERING them to appease a pagan god?  Did you recently suffer a bad bump on the head?

So no matter how many children H.R. 1473 may kill, it won't set a record. At most, it will earn the silver medal for cruelty.
It would do neither.  Do you hope your histrionics will make readers feel guilty for refusing to give grossly unfounded foreign aid that will end up doing little if any good, and will actually perpetuate corrupt governments and procreation of more feckless people?

I just wish that someone, in either party, would make the case that the federal budget is not simply 500 pages of large numbers. It also represents our collective effort to feed the hungry, shelter the homeless, and heal the sick. To help people accomplish whatever it is that they can accomplish in life, unburdened and undefeated by poverty, bigotry, hunger, unemployment, disease, racism, sexism and ignorance. Our collective effort to fulfill the last four words of the Pledge of Allegiance: "and justice for all."
Ain't that America?
Courage,
Alan Grayson
Clearly, you want to remove the Law of the Survival of the Fittest, and make certain the least fit survive well on our nickel IN FOREIGN LANDS.  Show me the provision in the Constitution  authorizing THAT profligate waste of American taxpayer money.


I want to treat this issue in a little more detail. 

First of all, most of the 70,000 children who might die of malaria, disease, and bad midwifing would do so because of corruption of their governments and incompetence of their parents.  Americans have, therefore, NO responsibility for the lives of those children.  YOU have no right to force Americans to dole out such charity against their will just because YOU feel sad when you visualize all those children dying.  If YOU want to give YOUR money for such causes, do so, but leave everyone else's alone.  Congress has no business considering such an expenditure at all.

However, America does have world responsibilities tied to its responsibilities at home.  Before the USA spends another penny feeding, clothing, or housing the poor, it should spend a thousand times more on projects that prevent poverty, homelessness, starvation, and disease.  It can accomplish this only one way:   by cleaning up America's gene pool, not by paying for the dramatic problems that result from failure to clean it up.

America then might take responsibility for eliminating foreign oligarchies that oppress their populations. 

Furthermore, America's leaders should take note of the negative impact upon the world gene pool of all efforts to save foreign children as you suggest.  Saving those children will cause a proliferation of the unfit, and that will pose an even greater burden on your misguided altruism.

Apparently, most enlightened governments, even ours, see this point clearly.  For example, why hasn't the USA done more to protect the people ravaged by genocidal conflicts in Darfur, the Congo, and Rwanda?  Simple.  It makes no sense to save grossly inferior populations from killing one another off.  Such an effort provides zero benefit for the world and only minimal, temporary benefit for the saved, for they will die young anyway.

Bottom line, YOU have conflicting, hypocritical loyalties, and it shows in your incessantly wasteful effort to save those who oughtn't to exist at all, railing against it as "human sacrifice."

A HUGE DIFFERENCE exists between the abject insanity of intentionally murdering people to appease God  and letting them go through the normal course of life and death as a consequence of corruption and incompetence of their own governments and countrymen.  You seem to have forgotten that charity begins at home and many thousands of Americans die every year because of incompetence and neglect of medical practitioners, abusive law enforcement and criminal justice systems, incorrigibly avaricious lenders, and some combination of ignorance, stupidity, and intransigent recalcitrance of its people.

But that does not constitute our only problem.  You don't seem to have a clue that America contains at least 75,000,000 relatively "stupid" people - IQ below 85; lacking the cognitive ability to graduate from high school or compete for the better jobs and mates, having profoundly low value of productivity, and dumbing down the nation as the years roll by.  Government, instead of curbing this, invites more through a flawed, failed, and badly enforced immigration system.  These people procreate more of their kind - statistically bad genes cause stupidity.  The stupid procreate at a far greater rate than people of higher intelligence.  They become wards of the state, parasites that suck the fruits of productivity from smarter Americans through welfare abuse and crime.   Society wastes education beyond a 7th grade level on them. They impose a monumental burden on infrastructures like welfare, health care, criminal justice, prisons, schools, and the neighborhoods they convert to slums by neglect. 

According to Lynn and VanHanen's  update on IQ and the Wealth of Nations in IQ and Global Inequality  average IQ of a nation correlates highly with GDP.  US IQ = 98;  Subsaharan Africa IQ = 70.  Psychometrists refer to 70 as the highest IQ of "morons."  Equatorial Guinea has an IQ of 59.  33 million Caucasians, 19 million blacks, and 23 million non-white Hispanics have IQ below 85 in the USA.  That sits a full standard deviation higher than the IQ of

Such low IQ people cannot create or maintain an advanced civilization, and put into one, they will soon destroy it, as has begun to happen in the USA.

Worst of all, we let them vote.  IF and WHEN they vote, they most likely will vote for people like you because of your apparent inclination to hand them the wealth of others which you took at gunpoint.

Americans should have continued demanding eugenics techniques to improve the gene pool.  Instead, they and "political correctness" caused the states to eliminate all eugenics laws.

Now, people like you whine that the Fed wastes money on bad loans and the Congress wastes money undeclared (and therefore illegal) foreign wars against governments that abuse their people, smart and stupid alike.  YOU complain that we don't waste that money abroad saving the lives of children who, sad to say, should die as a lesson to the world about the rewards of bad government and incompetent or irresponsible, inferior parents. 

You want to put a band-aide on a cancer, the rot of bad genes that ONLY EUGENICS or genocide will cure.  No sane person wants genocide.  But only the socially INSANE think eugenics a bad idea.  Such   people, having forgotten the lessons of science in improving crop yield and quality, might as well yearn for the return of the Neanderthal.

Let us look your hypocrisy straight in the eye, Dr. Grayson.

You won't spend a penny preventing the problem of stupidity that gave rise to and perpetuates corrupt third world governments which abuse, neglect, and encourage procreation of more of their feckless citizens.

But you'll spend a fortune making the problem even worse, that is, saving the lives of children who, if they make it to adulthood, will procreate more of their kind.

Meanwhile, you'll ignore the very same problem that threatens to turn the USA itself into a third-world nation.

From your apparent viewpoint, we face a rather simple dilemma here:
  • Spend money saving stupid foreign children who will grow into stupid adults and, because of our interference with the laws of nature, and create an even worse problem by procreating more like them.
or
  • Do precisely the same in the USA.
You probably don't even see or consider a saner, intelligent alternative that really will solve the problem:
  • Spend money fostering benign eugenics programs that 
    • curtail procreation of the stupid, inferior, and unfit, who destroy civilization, and
    • encourage procreation of the average and bright who will improve and expand an advanced civilization.
If people with IQ below 85 in the USA stop procreating, within two generations we will have increased the average IQ of the USA significantly, possibly by 15 or more points.  That will have an astounding, POSITIVE impact on our GDP.  And it will increase the effective GDP even more by reducing the drain on our economy and infrastructures caused by "stupidity."  Then we will have more money to afford helping other nations by implementing similar programs there.

You fail to see that by improving the average intelligence of a population through benign eugenics, you give people the raw tools to escape any and all need for government to take care of them.  They could take care of themselves WITHOUT assistance by government or anybody else, foreign OR domestic. 

We then will feel no moral pressure to hold guns to the heads of citizens in "our collective effort to feed the hungry, shelter the homeless, and heal the sick."  We will leave Jesus' exhortation for his followers to love and serve one another to personal charity, RATHER THAN considering it a MANDATE for GOVERNMENT to FORCE EVERYONE ELSE show charity to the undeserving.  Government owes no such obligation either to its own people or to the people of foreign lands. 

To use government in such a blighted effort amounts to nothing more robbing from the responsible, sensible middle class and giving to the irresponsible, unsensible poor.   From my point of view, ONLY the poor and fools who believe it won't cost them much personally would ever promote such a socialistic scheme.  Charity has an intensely personal nature.  No one and no government has the right to command it at gunpoint.





Bob Hurt        My Blog
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
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Wednesday, April 13, 2011

Where and What is the English Law of Florida?

Dear Florida Senator Dennis Jones and Representative Ed Hooper:

Florida Statute 2.01 provides that the English Law of Florida still has force and effect:


"The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state."
We Floridians have a serious problem with the above statute: 

The Florida Legislature has failed to elucidate the English Law of Florida to the people. 

If you know the content of the English Law of Florida or where I can find it to read it, please tell me.  In other words, what and where is the English Law of Florida?

Allow me to give you a pertinent issue with and question about Florida's English Law:  adverse possession (see Florida Statutes 95.12 et seq, particularly 95.16 and 95.18, see below).

Sheriffs and prosecutors in a variety of Florida counties have harassed, arrested, and prosecuted people for adverse possession.  No law makes adverse possession a crime.  So the sheriffs arrest adverse possessors for trespass, breaking and entering, criminal mischief, burglary, grand theft, swindle, fraud, scheme to defraud, and even brokering without a license.  That, to me, seem equivalent to arresting an African American for "driving while black."

Florida Statute Chapter 95 clearly acknowledges the right to take adverse possession of realty.  Numerous law review articles, including the Harvard Law Review, Volume XXXII of November 1918, page 135, Title by Adverse Possession, point out that we inherited adverse possession as a right from English Law as far back 500 to 600 years.  Florida law merely describes a means of exercising adverse possession, but gives no historical detail about the fact that it constitutes a civil right AND that it puts possession of the realty squarely into a civil, and not a criminal, jurisdiction.

Because we do not have or know the English law of Florida, and its provisions regarding adverse possession, we cannot use the courts to protect us from outrageous arrests by sheriffs who thereby violate our adverse possession rights.

Right now the Florida Legislature has house and senate bills intended to suppress adverse possessors by making it a felony to falsify the notice of adverse possession, and increase cost to government by requiring the property appraiser to notify the owner of record of the adverse possession.

Take note that the Legislature aims this effort to sanctify official government oppression of adverse possessors directly at those who adversely possess realty abandoned because of foreclosure.  Property appraisers inform sheriffs of the adverse possession when the adverse possessor files the required notice.  The sheriff contacts the owner of record and stirs the owner up by saying the owner will stand responsible for damage the adverse possessor does to the realty.  The owner then asks the sheriff to remove the adverse possessor for trespass.  The sheriff does so EVEN after a month or more of adverse possessor occupancy.

I have a big problem with such government interference into the lives of people, both owners and adverse possessors alike.  The constitutions do not empower government to violate ARticle I Section 23 of the Florida Constitution for such reasons.  That section provides:

Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.

In virtually every case of such adverse possession, the owner has fled from the realty and the responsibility to the community and mortgagee to maintain the realty in good condition.  Such flight violates paragraph 7 of the standard Fannie Mae/ Freddie Mac Form 3010 mortgage security instrument:


7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.

Moreover, it puts the realty, community, and future occupants in danger that mold, termites, pests, acts of nature, vandals, thieves, and drug dealers will infest the realty and diminish the value of it and the neighborhood.

Thus, adverse possessors of such realty do the owner, the mortgagee, the community, the house, and future occupants a big favor.  Sheriffs repay them by arresting them on trumped up, bogus charges, and they nearly universally falsify probable cause affidavits used to obtain inapplicable arrest warrants.

The notice of adverse possession distinguishes an adverse possessor from a squatter, ESPECIALLY in the case of abandoned realty.

It signifies to the property appraiser (and thus to the sheriff) that the adverse possessor intends to stay in possessory dominion over the realty for the statutory period.
It constitutes the realty equivalent of dumpster diving for cast-off chattel. 

Please don't take this point lightly.  Cast-off, abandoned realty signifies an intention forever to quit the realty and never to return to it as an owner and never to exercise possessory dominion over it again.  This equivalates to throwing an expensive car or mink coat in the dumpster.  THAT ACT puts the realty up for grabs just as does casting chattel into the dumpster.  Whoever comes and retrieves it and cares for it has a right to it.  THAT much, the adverse possession law makes clear.

Taking adverse possession of abandoned realty operates similarly to claiming that car or mink coat from the dumpster.  In effect the owner has said "I don't want it, so you take it if you want it."  Filing notice of adverse possession constitutes the staking of claim to the realty, and it constitutes the establishment of a real property right interest.

Unfortunately, our laws do not make it clear that an adverse possessor has the right to intervene in a foreclosure process under Florida rule of civil procedure 1.230.  Nor does it clarify that if he prevails in the foreclosure defense he has the right of title to the realty the rightful owner abandoned.  The rule provides:

1.230 Interventions. Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion
Florida statutes do not provide equity relief for an adverse possessor who maintains abandoned realty of which the owner retakes possession after some months or years.  The law should require the owner to compensate the adverse possessor for all maintenance, improvement, taxes, home owner association dues, and the like. 

Perhaps Florida's English Law addresses the above sticky issues.  If it does, how shall the people of Florida ever know?

The Florida Legislature, in failing to publish the English Law of Florida electronically and in book form, has constructively destroyed access of Florida's people to the law and its protections, making both unknowable.

I ask that you use your influence to get such a published version in circulation.

Whether or not you do that, I ask that you tell me what constitutes the English Law of Florida and where I might find it.

Sincerely,


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Bob Hurt        My Blog
2460 Persian Drive #70
Clearwater, FL 33763
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References

2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.
2.04 Repealed statute not revived by implication.—No statute of this state which has been repealed shall ever be revived by implication; that is to say, if a statute be passed repealing a former statute, and a third statute be passed repealing the second, the repeal of the second statute shall in no case be construed to revive the first, unless there be express words in the said third statute for this purpose.
History.—Nov. 2, 1829; RS 62; GS 62; RGS 74; CGL 90.


95.12 Real property actions.—No action to recover real property or its possession shall be maintained unless the person seeking recovery or the person’s ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action.
History.—s. 2, ch. 1869, 1872; RS 1287; GS 1718; RGS 2932; CGL 4652; s. 8, ch. 74-382; s. 521, ch. 95-147.
95.13 Real property actions; possession by legal owner presumed.—In every action to recover real property or its possession, the person establishing legal title to the property shall be presumed to have been possessed of it within the time prescribed by law. The occupation of the property by any other person shall be in subordination to the legal title unless the property was possessed adversely to the legal title for 7 years before the commencement of the action.
History.—s. 4, ch. 1869, 1872; RS 1289; GS 1720; RGS 2934; CGL 4654; s. 9, ch. 74-382.
95.14 Real property actions; limitation upon action founded upon title.—No cause of action or defense to an action founded on the title to real property, or to rents or service from it, shall be maintained unless:
(1) The person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of the person, was seized or possessed of the real property within 7 years before commencement of the action; or
(2) Title to the real property was derived from the United States or the state within 7 years before commencement of the action. The time under this subsection shall not begin to run until the conveyance of the title from the state or the United States.

History.—s. 3, ch. 1869, 1872; RS 1288; GS 1719; RGS 2933; CGL 4653; s. 10, ch. 74-382.
95.16 Real property actions; adverse possession under color of title.—
(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree, or judgment, the property is held adversely. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the circuit court of the county where the property is located.
(2) For the purpose of this section, property is deemed possessed in any of the following cases:
(a) When it has been usually cultivated or improved.
(b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included within the description of the property in the written instrument, judgment, or decree. If only a portion of the land protected by the enclosure is included within the description of the property in the written instrument, judgment, or decree, only that portion is deemed possessed.
(c) When, although not enclosed, it has been used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant.
(d) When a known lot or single farm has been partly improved, the part that has not been cleared or enclosed according to the usual custom of the county is to be considered as occupied for the same length of time as the part improved or cultivated.

History.—s. 5, ch. 1869, 1872; RS 1290; GS 1721; RGS 2935; CGL 4655; s. 1, ch. 19253, 1939; s. 1, ch. 22897, 1945; ss. 11, 12, ch. 74-382; s. 1, ch. 77-174; s. 1, ch. 87-194; s. 522, ch. 95-147.
95.18 Real property actions; adverse possession without color of title.—
(1) When the occupant or those under whom the occupant claims have been in actual continued occupation of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, the property actually occupied shall be held adversely if the person claiming adverse possession made a return of the property by proper legal description to the property appraiser of the county where it is located within 1 year after entering into possession and has subsequently paid all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
(2) For the purpose of this section, property shall be deemed to be possessed in the following cases only:
(a) When it has been protected by substantial enclosure.
(b) When it has been usually cultivated or improved.

History.—s. 7, ch. 1869, 1872; s. 6, ch. 4055, 1891; RS 1291; GS 1722; RGS 2936; CGL 4656; s. 1, ch. 19254, 1939; ss. 13, 14, ch. 74-382; s. 1, ch. 77-102; s. 523, ch. 95-147.
95.191 Limitations when tax deed holder in possession.—When the holder of a tax deed goes into actual possession of the real property described in the tax deed, no action to recover possession of the property shall be maintained by a former owner or other adverse claimant unless the action commenced is begun within 4 years after the holder of the tax deed has gone into actual possession. When the real property is adversely possessed by any person, no action shall be brought by the tax deed holder unless the action is begun within 4 years from the date of the deed.
History.—s. 64, ch. 4322, 1895; GS 591; s. 61, ch. 5596, 1907; RGS 794; s. 2, ch. 12409, 1927; CGL 1020; ss. 1, 2, ch. 69-55; s. 1, ch. 72-268; s. 28, ch. 73-332; s. 1, ch. 77-174.
Note.—Former ss. 196.06, 197.725, 197.286.
95.192 Limitation upon acting against tax deeds.—
(1) When a tax deed has been issued to any person under s. 197.552 for 4 years, no action shall be brought by the former owner of the property or any claimant under the former owner.
(2) When a tax deed is issued conveying or attempting to convey real property before a patent has been issued thereon by the United States, or before a conveyance by the state, and thereafter a patent by the United States or a conveyance by the state is issued to the person to whom the property was assessed or a claimant under him or her, and the tax deed grantee or a claimant under the tax deed grantee has paid the taxes for 4 successive years at any time after the issuance of the patent or conveyance, the patentee, or grantee, and any claimant under the patentee or grantee shall be presumed to have abandoned the property and any right, title, and interest in it. Upon such abandonment, the tax deed grantee and any claimant under the tax deed grantee is the legal owner of the property described by the tax deed.
(3) This statute applies whether the tax deed grantee or any claimant under the tax deed grantee has been in actual possession of the property described in the tax deed or not. If a tax deed has been issued to property in the actual possession of the legal owner and the legal owner or any claimant under him or her continues in actual possession 1 year after issuance of the tax deed and before an action to eject him or her is begun, subsections (1) and (2) shall not apply.

History.—s. 27, ch. 73-332; s. 201, ch. 85-342; s. 524, ch. 95-147.
95.21 Adverse possession against lands purchased at sales made by executors.—The title of any purchaser, or the purchaser’s assigns, who has held possession for 3 years of any real or personal property purchased at a sale made by an executor, administrator, or guardian shall not be questioned because of any irregularity in the conveyance or any insufficiency or irregularity in the court proceedings authorizing the sale, whether jurisdictional or not, nor shall it be questioned because the sale is made without court approval or confirmation or under a will or codicil. The title shall not be questioned at any time by anyone who has received the money to which he or she was entitled from the sale. This section shall not bar an action for fraud or an action against the executor, administrator, or guardian for personal liability to any heir, distributee, or ward.
History.—s. 1, ch. 3134, 1879; RS 1293; GS 1724; RGS 2938; CGL 4658; s. 1, ch. 20954, 1941; s. 3, ch. 22897, 1945; s. 15, ch. 74-382; s. 1, ch. 77-174; s. 525, ch. 95-147.
95.22 Limitation upon claims by remaining heirs, when deed made by one or more.—
(1) When any person owning real property or any interest in it dies and a conveyance is made by one or more of the person’s heirs or devisees, purporting to convey, either singly or in the aggregate, the entire interest of the decedent in the property or any part of it, then no person shall claim or recover the property conveyed after 7 years from the date of recording the conveyance in the county where the property is located.
(2) This section shall not apply to persons whose names appear of record as devisees under the will or as the heirs in proceedings brought to determine their identity in the office of the judge administering the estate of decedent.

History.—s. 1, ch. 10168, 1925; CGL 4659; s. 14, ch. 20954, 1941; s. 15, ch. 73-334; s. 16, ch. 74-382; s. 526, ch. 95-147.
95.231 Limitations where deed or will on record.—
(1) Five years after the recording of a deed or the probate of a will purporting to convey real property, from which it appears that the person owning the property attempted to convey or devise it, the deed or will shall be held to authorize the conveyance or devise of, or to convey or devise, the fee simple title to the real property, or any interest in it, of the person signing the instrument, as if there had been no lack of seal or seals, witness or witnesses, defect in acknowledgment or relinquishment of dower, in the absence of fraud, adverse possession, or pending litigation. The instrument shall be admissible in evidence.
(2) After 20 years from the recording of a deed or the probate of a will purporting to convey real property, no person shall assert any claim to the property against the claimants under the deed or will or their successors in title.
(3) This law is cumulative to all laws on the subject matter.

History.—ss. 1, 2, ch. 10171, 1925; CGL 4660, 4661; ss. 1-4, ch. 21790, 1943; s. 35, ch. 69-216; s. 17, ch. 74-382.
Note.—Former ss. 95.23, 95.26.