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Nye Lavalle regarding today's Florida Supreme Court issuing of new foreclosure rules

January 19, 2016

by Nye Lavalle

It's taken over two-decades; tens of thousands of hours or research, investigation, and work; millions of pages of documents and data; dozens of lawsuits; over a $1 million dollars spent; and the sweat, blood and sacrifice of my mother, deceased dad (Tony Pew), and myself to get to this point. Yet today, we achieved a measure of victory when the Florida Supreme Court issued new foreclosure rules with some of the best practices I began asking for in the late 90s.

The Court heeded some of the original recommendations of my colleagues and I a dozen years ago and opens the door to real and proper discovery if my colleagues follow my VERY detailed and specific roadmap to combat the fraud and abuse America's banks and servicers have afflicted against borrowers. It should do away with the fraudulent lost note claims and averments made for over 3 decades; make them produce the original wet-ink promissory note upon inspection; open up production of collateral files, certification and exception reports, custody records and data and the data and information; and create the roadmap I have designed for discovery for a new company being formed my family and friends that will outlast me and help generations to come when combating the abuses and frauds of the default servicing industry!

Specifically, the certification now required that states:

CERTIFICATION OF POSSESSION OF ORIGINAL NOTE

The undersigned hereby certifies:

  1. That plaintiff is in possession of the original promissory note upon which this action is brought.

  2. The location of the original promissory note is: ..... (location) ......

  3. The name and title of the person giving the certification is: .....(name and title)......

  4. The name of the person who personally verified such possession is: .....(name)......

  5. The time and date on which possession was verified were: .....(time and date)......

  6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification.

  7. I give this statement based on my personal knowledge.

Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true.

This will allow us to depose the servicers' verification and certification efforts. ONLY DOCUMENT CUSTODIANS IMHO CAN PROVIDE THIS INFORMATION. Lawyers wanting to team up to win under this scenario need to contact me for bank, trust, servicer, trustee, and GSE specific data and document requests and my declarations, affidavits and reports to obtain the data and records that will either prove or disprove the assertions, averments, and certifications/verifications attested to.

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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