One of my favorite current writes is Matt Taibbi. I have mentioned his work here before. His upcoming article in the November 25th issue of The Rolling Stone takes on Florida's court system for rapid evictions. It provides nice insight into what is going on and, as always, Matt's writing is exquisite.
Quote from the Article"Now, months after its first pass at foreclosure was dismissed, the bank
has refiled the case -- and what do you know, it suddenly found the
note. And this time, somehow, the note has the proper stamps. "There's a
stamp that did not appear on the note that was originally filed,"
Kowalski tells the judge. (This business about the stamps is hilarious.
"You can get them very cheap online," says Chip Parker, an attorney who
defends homeowners in Jacksonville.)
The bank's new set of papers also traces ownership of the loan from the
original lender, Novastar, to JP Morgan and then to Bank of New York.
The bank, in other words, is trying to push through a completely new set
of documents in its attempts to foreclose on Kowalski's clients.
There's only one problem: The dates of the transfers are completely
fucked. According to the documents, JP Morgan transferred the mortgage
to Bank of New York on December 9th, 2008. But according to the same
documents, JP Morgan didn't even receive the mortgage from Novastar
until February 2nd, 2009 -- two months after it had supposedly passed
the note along to Bank of New York. Such rank incompetence at doctoring
legal paperwork is typical of foreclosure actions, where the fraud is
laid out in ink in ways that make it impossible for anyone but an
overburdened, half-asleep judge to miss. "That's my point about all of
this," Kowalski tells me later. "If you're going to lie to me, at least
lie well."
The dates aren't the only thing screwy about the new documents submitted
by Bank of New York. Having failed in its earlier attempt to claim that
it actually had the mortgage note, the bank now tries an
all-of-the-above tactic. "Plaintiff owns and holds the note," it claims,
"or is a person entitled to enforce the note."
Soud sighs. For Kessler, the plaintiff's lawyer, to come before him with
such sloppy documents and make this preposterous argument -- that his
client either is or is not the note-holder -- well, that puts His Honor
in a tough spot. The entire concept is a legal absurdity, and he can't
sign off on it. With an expression of something very like regret, the
judge tells Kessler, "I'm going to have to go ahead and accept
[Kowalski's] argument."
Click here for the article in The Rolling Stone