vettegirl

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About vettegirl

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  1. So that was a joke (pretty much every hearing with these senile judges they hauled out of the nursing homes to clear the foreclosure dockets is). Went to court, I was the last one on the docket (I presume because when his office drafted the alternate Granting of Motion to Rehear they scheduled me for 30 minutes). When it was my turn he asked what I was there for (it wasn't in front of him??), and where my case was. When I told him I was there because he had scheduled a MTRFJ he told me if the Judgement was final there was nothing he could do about it (????) and then launched into a long winded lecture about how the retired judges are on a rotating schedule and the left hand doesn't know what the right hand is doing, blah blah blah...I asked to approach the bench so I could show him the Motion I drafted which was denied, and the alternate Motion his office had drafted on the same day granting the hearing SIGNED BY HIM. Anyway, he pretty much accused me of faking it and forging his signature, freaked out that I had an "Original Document" (evidently His Honor is unfamiliar with color copiers) and demanded to know how I got it (in the mail from your office Your Honor), then confiscated my documents and retreated to his chambers. I am seriously considering pitching a reality show "Florida Foreclosure Court". Anyway, I filed an Appeal yesterday, which is a day late because of this BS but I'll see what happens.
  2. I have spoken to a few, but most are not interested in this area of foreclosure defense - they are focused on bankruptcy and negotiating modifications (and that ship has sailed for me). I spoke to one attorney in Miami who "gets it" (he has a radio program which discusses these issues), but he wanted an $18,000. retainer, $1,800. per month, 40% of the value of my house if he won it back for me. Frankly my house isn't worth that much, it's a matter of principal to me at this point. But I have another turn at bat, so just swing for the fences, right?
  3. I'm still a little lost here as there is no record of "Court's Striking of Defendant's First Affirmative Defense" - they heard and did not consider my affirmative defenses, but they were never struck. Any ideas?? I assume I am allowed to re-argue my first affirmative defense, which was "Standing"??
  4. HI all. My house was sold in foreclosure in 2014 . It ate at me that the Plaintiff got away with in-your-face perjury, so recently i filed a Motion to Vacate Final Judgement of Foreclosure re-stating my evidence of fraud, as well as new evidence that came to light since the trial. The motion was denied, so I filed a Motion to Rehear to re-open the appeals window. Surprisingly, my Motion to Rehear was granted - what's confusing is my "Motion for Rehearing of Defendant's Motion to Vacate Final Judgement of Foreclosure" was denied and replaced by the court with an Order Granting Rehearing On Court's Striking of Defendant's First Affirmative Defense, with a hearing in 30 days. I am confused...what is going on here? Any insight on how to proceed would be appreciated!
  5. I am working on a Motion to Vacate Final Judgement of FC in Florida (I was so angry after being ruled against by the Rocket Docket Judge that I missed the 30 day window to appeal ). It is my understanding that I have a year to do so, my deadline is March 2015. It looks like I have to pay $50 to re-open the case - is that all there is to it, or do I need a motion to reopen case? Do I file the Motion to Vacate and schedule a hearing, or just submit one of those "proposed answer" forms with it and the judge will read it and decide? Is these a time frame the Plaintiff is allowed to answer the motion before I can file for a default judgement? Also, it is my understanding that if I am ruled against I file a Motion to Re-Hear, and if that is ruled against I have opened the Appeals window again. Is this correct? Thanks!
  6. endorsed the "original" note in my FC case. I have loads of internet posts stating his stamp was used prolifically to robostamp docs, but how do I raise this as evidence in a pleading? I have found several cases where he is named as a Defendant regarding CW's securities fraud, but no ruling, deposition, etc. regarding the robosigning. The MERs signers on my Assignment are both known robosignors according to google, but again, what constitutes evidence? Thanks-
  7. I love it - thank you so much!! The only "witness" they have is a records clerk at Green Tree, who became the servicer of the loan within the last year (case was filed in 2011, original case dismissed in 2009), and has no "personal knowledge" of the circumstances surrounding the original loan, etc.
  8. Already filed objection to SJ, motions to strike affidavits, etc. There are 6 unheard pleadings (including theirs), so cause is definitely NOT at issue, yet they filed a Notice for Trial at the same time as MSJ hearing but with a different judge.
  9. Filing Motion in Opposition to Trial, we'll see what happens. Thanks!
  10. Justf ound out Plaintiff in my FC case has filed a Notice for Trial for the same date and timeas my MSJ hearing. What is the proper response to protest this? Thanks!
  11. I would like to get the transcripts of a hearing on motions to dismiss and my trial (which was continued, although judge is now denying what he stated at trial was his reason for continuing). There were court reporters present at both events, but I am told I am told by the Clerk's office I need to find out who the court reporter worked for and request the transcripts from them. How do I find out who the reporters worked for? I have called the judicial assistant and left voice mails, no response. Thanks!
  12. I have to attend a court-ordered mediation tomorrow regarding my foreclosure case. What should I expect and/or watch out for?
  13. Just wondering if anyone has, or has thought about it......
  14. In Hillsborough County, FL my case has been moved from a very reasonable and fair judge to "Division N", which is retired judges who have been recalled to clear the dockets. I have been lucky enough to draw a judge who is either senile or in the pocket of the mortgage lender. In June I went to trial - I argued the case was not at issue because I had several unheard motions on the docket. He basically told the PA that he needed to humor me and schedule a hearing and then she could "get what she wants". A few weeks ago this hearing happened...or at least I think it did since he told me at least three times I "could not state anything for the record because there was no record", that my case had never been to trial, that he would not hear my motions, did not care if the Plaintiff had the original Note or Mortgage because "I foreclose without that every day" and "if someone lent me money they had the right to be repaid" and that "he knows the PA personally, he is a good guy with my best interests at heart and I should do as he says". WTF?? It's been 3 weeks now and there are no rulings on my motions. The PA is trying to force me into mediation. Do I file something to force the judge to hear my motions, or let it ride since if they try to go to trial again the case is still not at issue? Do I file to compel discovery of the Note? And most importantly, is it advisable to file a motion to remove this judge, or am I likely to create more bias, or end up with someone worse? BTW, he is a retired criminal court judge - not a civil court judge experienced in foreclosures.