By John Hallman http://libertyfirstfl.org/
Mortgage Foreclosure Bill will violate our “Due Process” rights.
HB87 would expedite the Foreclosure process in our courts, which would deprive property owners the time needed to gather evidence in their defense. This legislation would violate citizen’s right to due process guaranteed in the 5th and 14th Amendment in the US Constitution. Due process guarantees fundamental fairness and acts as a safeguard from arbitrary denial of life, liberty and property. With lenders being investigated for possible mortgage fraud, now is not the time to fast track the foreclosure process and violate citizen’s right to due process. The only thing standing in the way is a veto by Governor Rick Scott.
HB87 shifts the burden of proof from the plaintiff, typically a bank, to the defendant, the homeowner. If the bill is signed into law, homeowners must prove that the bank lacks the legal right to take your home within 20 to 45 days of the date that the bank served the foreclosure notice. The reduced timeline restricts the ability to gather evidence from the bank and test it (Does the bank actually have a legal record of your mortgage?). Without the time to discover evidence, homeowners are at a major disadvantage at the initial hearing or appealing a decision, presuming there are funds for an appeal.
If Governor Scott signs HB87 into law, homeowners will face a new version of due process before the law. The essence of due process in our legal system is found in the burden of proof: “the necessity of proof always lies with the person who lays charges.” The banks lay charges when they initiate foreclosure. Therefore, the banks have the burden of proof. Not in HB87.
HB 87, Section 702.10, subsection (1) turns due process upside down. (Lines 250-264, pp. 9, 10)
The bank that initiates the action need only provide a written request. That request is reviewed in chambers without any one challenging the evidence or logic (“without a hearing”). When the order is issued solely on the basis of the judge’s uninterrupted review in chambers, the homeowner assumes the burden of proof. Justice and basic concepts of law are sacrificed to allow banks greater ease and efficiency in taking possession of your home.
Another problem created for homeowners is found in timelines required to make a case against the foreclosure, as limited as the opportunity may be to have the case heard. There have been over 700 families identified who never missed a mortgage payment and were foreclosed upon anyway. They were identified in the National Mortgage Settlement.
HB87 has many bad elements in the language of this bill:
·It’s retroactive (which only the Florida Supreme Court can do legally)
·It mandates hearings by judges in chambers and tilts to the plaintiff (in violation of Florida public courts law and the constitution)
·It takes away renters rights of notice (in violation of Federal law)
·It takes away homeowners rights to get their home back if they find fraud (and since discovery is no longer allowed with “fast tracking”–good luck)
·The homeowner has to pay their mortgage while defending it (this despite proof that many times the plaintiff suing is not the correct plaintiff
Governor Scott may make his decision as early as Monday. Please call his office earlyMonday morning and tell him that Legal Constitutional Scholars have determined that HB87 is unconstitutional and violates our due process rights.
Governor Scott: (850) 488-7146
April, 29, 2013
We have one last chance to stop the federal government takeover of our children’s education. The politicians in Tallahassee are trying to ram Common Core through the legislature and they are hoping you will not hold them accountable for this bureaucratic monstrosity. We have put them on notice, you all made the calls and e-mails, many of you traveled to Tallahassee last week to speak to them in person. I have been working with Randy Osborne in Tallahassee, meeting with legislators to point out the dangers of Common Core. We had the political elites worried and now they are working overtime to bring the legislators back on board. The political elite have given legislators false talking points, and they are saying the opposition is a bunch of crazy, paranoid conspiracy theorist. All you have to do is read the Common Core and Race to the Top language to know this is not a conspiracy theory, but an in your face, shut-up, you have no say takeover by unelected bureaucrats. Dr. Karen Effrem of Education Liberty Watch summed up Common Core;
“The Common Core Standards and related assessments being implemented in Florida have many problems including lack of rigor and transparency; loss of state, local, family, and teacher autonomy, as well as loss of data privacy; and high costs that will be borne by the state and counties analogously to the proposed Medicaid expansion. The citizens of Florida and their elected representatives on county school boards and in the legislature should consider carefully before spending hundreds of millions, if not billions of dollars more and irreversibly changing the state’s education system with enormous impact on our children’s future, freedom, the economic health of the state, parental and teacher autonomy and data privacy.”
Dr. Karen Effrem
Please click here to Randy Osborne’s Common Core Alert! Time is running out, the Session ends Friday, please make the calls today!
My name is David Hester and I am running for Director At Large (3). Currently, I am the Chairman of the Libertarian Party of Hillsborough County. In the past, I served as the Treasurer of the Libertarian Party of Pasco County and have been a registered Libertarian since 2004.
The Hillsborough County affiliate is growing and getting stronger every day and it is because of the hard work and great ideas of our members that make this happen. Unfortunately, not every county has an affiliate to raise awareness, to assist candidates and get people registered to vote Libertarian. So as Director at Large (3), my priorities would be as follows:
• I will work with Regional Reps to reach out to those actively registered Libertarians in counties without affiliates to help them start their own.
• I will work with the Region Reps to build communications between all their affiliates and to facilitate their working together on common goals.
I see my job as to help build the party to bring the right change to our local, State and Federal governments. The change I speak of is the change back to liberty and small government.
There are just two weeks left in the 2013 Session and the politicians do not want to hear from you anymore. I do not know if you have noticed, but they are not answering their Tallahassee office phones, they are deleting your message and ignoring your e-mails.
The problem is that they are passing bad legislation like Common Core, Corporate Welfare, and the Mortgage Foreclosure bill to take your home away from you without due process rights. They know exactly what these bills do, do not listen to their talking points, they are hiding the real reason for these bills and that is protecting their ‘’special interest” causes and the big cash that comes with them. The politicians were bought and paid for and now they are paying the special interest back with sweetheart deals that line their pocketbooks.
That is why we need to be in Tallahassee Tuesday for the Stop Common Core rally. If we are there at the Capital, it will be difficult for them to hide. They need to hear from us in person, that we will hold them accountable for their votes and we will throw them out of office. This is our last chance to stop the corruption that is rampant in Tallahassee.
I know it is inconvenient and expensive to travel to Tallahassee, but the time has come to take back our power, let the politicians know that they work for you the citizen and not the bankers and corporations that want special favors to game the system that destroys our free market system and tramples our constitutional rights.
This needs to our “line in the sand” moment, but they will not care, if you are not there at the capitol!
Please read this message from Randy Osborne. Randy is organizing a rally in Tallahassee next Tuesday to send a loud and clear message to the Florida legislature that they must stop implementing the federal government takeover of our children’s education. Common Core will strip parents and local school boards of any control of educational standards and creates a national database of over 400 elements of very personal and private information about our children that have nothing to do with their education. I hope you will be able to attend, we need huge turn-out to in order to stop this tyranny.
Within the next seven days Common Core Standards legislation will be waiting at the desk of Governor Scott to sign into law, and, our legislators are not listening. We must let our voices be heard in one accord.
This past week, Tony Bennett along with nearly 50 Superintendents of Schools, flooded the Capitol buildings to lobby for the most intrusive, untested experiment on our children. We must show our lawmakers there will be political consequences for not listening to the will of the people. Will you be one to make your voice be heard in Tallahassee?
“It is much more important to kill bad bills than to pass good ones.” Calvin Coolidge
We now have three weeks left of this year’s regular session in Tallahassee and the various committees are wrapping up this week. After this week, the legislature will only be considering bills that have passed their committee stops and are ready for debate and a full floor vote. As usual there are many bad bills being considered and maybe just a few decent ones. At this point we need to take President Calvin Coolidge’s advice and focus on killing bad bills.
SB1666 “Mortgage (Unfair) Foreclosures” (OPPOSE)
Senator Jack Latvala, R-Clearwater, filed SB1666 that would expedite the Foreclosure process in our courts, which would deprive property owners the time needed to gather evidence in their defense. This legislation would violate citizen’s right to due process guaranteed in the 5th and 14th Amendment in the US Constitution. Due process guarantees fundamental fairness and acts as a safeguard from arbitrary denial of life, liberty and property. With lenders being investigated for possible mortgage fraud, now is not the time to fast track the foreclosure process and violate citizen’s right to due process.
CS/SB1666 Mortgage Foreclosure is On Senate Judiciary Committee agenda for next Monday (April 15) beginning at 1:00PM. Be sure to call the members of the Senate Judiciary Committee first thing Monday morning.Tell them to vote NO on SB1666, this bill violates our right to due process and allows fraudulent activity by lenders.
Click here for the list of the Senate Judiciary Committee members. Then click on each member for contact information.
SB878/HB7027 “Education Accountability” (OPPOSE)
SB878 and HB7027 are education bills for the purpose of implementing Common Core standards. The most disturbing part of these bills is the K-20 Data Warehouse, a national database of your child’s personal and private data that will follow them not only throughout their academic careers, but throughout their work lives as well. The national database will include private information, including religious affiliation, parent’s voter registration, and creates a psychological profile as well as personal health records.
Unfortunately SB878 passed the Senate last week 39-0 and now is headed to the House. HB7027 is the House version of SB878 and is equally dangerous. The House will be voting on these bills and we need to stop the Representatives of passing either of these bills. When you call legislators, they may try to tell you that these bills do not mandate a database, they are either ignorant or lying. Ask them to go to lines 114-115 of SB878 and lines 82-85 of HB7027:
(f) To promote adoption of a common set of data elements identified by the National Center for Education Statistics to support the effective exchange of data within and across states.
Also, please take a minute and read Dr. Karen Effrem’s analysis of these bills. Dr. Effrem’s analysis will give you quick information that you wil need to speak to legislators.
Call your state Representative and tell them with no uncertain terms that they must vote NO on SB878 and HB7027. Let them know that a yes vote will lose your vote when they are up for election!
By Paul Henry
Today I sat through almost three hours of the Senate Judiciary Committee meeting waiting for a bill to be heard. It never was (the committee ran out of time), so I spoke briefly to the bill sponsor, Sen Soto, (depicted above) afterward and asked about his bill giving illegal aliens licenses when Florida citizens needed relief from REAL ID. He said the bill did not give illegals a license and whoever told me that was wrong. I told him I had read his bill and arrived at that conclusion, and gave him my one-page REAL ID relief amendment summary. He said I was not aware of his district, and he didn’t like my tone and walked away. I apologized for wasting his time. Apparently he believes his bill does not give driver licenses to illegal aliens, and I upset him by alleging it did.
This bill, SB 986, is entitled “Requirements for Driver Licenses”. The only change the bill makes is in Statute 322.08, which deals with issuing of driver licenses and has the REAL ID language in it. The bill adds the following language to documents acceptable for issuing a Florida driver license:
A notice of the approval of an application for Deferred Action for Childhood Arrivals status issued by the United States
Don’t know what an “application for Deferred Action for Childhood Arrival status is? Let’s go to the source, the Department of Homeland Security (DHS):
The DHS Deferred Action page says the below information. Of course the bill does not use the term illegal immigrants, to arrive at the conclusion I did, read the red text below- citizens are never subject to removal proceedings, so this process applies to illegal aliens::
On June 15th, Secretary of Homeland Security Janet Napolitano announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings.
One part of the letter gets it right:
The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
So what DHS is doing is nullifying immigration laws that can only be passed by Congress (see Article 1 Section 8). Of course, having a REAL ID license- the only kind Florida issues- goes a long way towards the benefits of citizenship.
Sen. Soto has yet to hear my tone on this, but he will when it eventually makes it to committee.
After considering that:
- The Legislature passed a bill (HB 7059) in 21 days that did away with the requirement that tourists get a driver license (our governor said they bring in millions of dollars to the state and we do not want to discourage tourism);
- SB 968 will give many illegal aliens a Florida driver license (news stories have stated over 400,000 have applied nationwide, and Florida is #4 for applications); and
- The 15 million plus Florida citizens that have a driver license and pay millions in taxes and fees only to be treated like criminals to renew it (notably married and divorced women) thanks to REAL ID
I’m as mad as hell, and I’m not going to take this any more.
I’m a Florida citizen. I gave 25 years of my life in law enforcement service here, and I can’t use the ID card the Department of Highway Safety gave me upon retirement to renew my license. Ditto members of the military that gave similar amounts of time in service and can’t use their military ID cards.
What makes tourists and illegal aliens better than Florida citizens? Government is supposed to treat people equally and fairly (14th Amendment). Why is it just a few can reap a benefit and the citizens of Florida get no relief?
What makes this issue any less important than the 2nd Amendment so many are actively involved in?
The above film was released in 1976. In 2013, you don’t need to go to your window, but you do need to go somewhere, be it social media or perhaps a local group of concerned citizens, and then let these legislators know how you feel.
Start with Senator Soto. His Tallahassee office number is 850-487-5014. His legislative aide is Christine Aleknavich. Her email address is Aleknavich.Christine@flsenate.gov
Our legislators will not listen to one person- they belittle people such as Brian Pitts, who at least reads the bills before he speaks on them. I had the pleasure of sitting next to Mr. Pitts today. I watched as he read through the staff summaries, and then listened to him speak on several bills, only to be made fun of by one Senator. I have more respect for Mr. Pitts than I do for many of these so-called representatives.
At the next election, our legislators such as Sen. Soto need to feel the pain of ignoring the voters and the citizens of Florida. A true liberty candidate will be available in many races, and this is the only way to ensure true representation of the people- not the government agencies and special interests.