Wednesday, December 22, 2010

THE FORECLOSURE AND EVICTION MESS FALLS SQUARELY ON A RECALCITRANT JUDICIARY INTERESTED IN ANYTHING BUT JUSTICE - CASE IN POINT

At the end of this post I am including links to a number of articles which addresses this mess. Remarkably both Florida and Illinois have now filed class actions on behalf of their citizens to get their homes back. In the Illinois case what is truly remarkable is a judge was an active participant in the fraud to help the banks wrongfully foreclose on and evict people.

JP Linda Salazar is a major player in the wrongdoing in Cameron County. Constable Sal Cabrera is also a part of the problem. If neither of these public employees are interested in doing their job, then they need to resign and get off the public tit.

One of the most valued rights of any American is in their property rights. We do not need lazy judges unwilling to do their job taking away people’s property without due process of law.

My regular readers know I had to move because the home I was renting was foreclosed on by Wells Fargo. Under the current law the tenant has 90 days to move out after proper notice. I blogged about how hard it was for me to find a place to rent. Mexican nationals were renting everything in sight thereby making the process more difficult. I only found the place I am in because a friend knew the owner. I love where I live - my dogs love the fenced yard over the pen they had at the other house.

My regular readers know that weeks after I moved JP Linda Salazar signed an eviction ordering the tenants out. While I am not named in the order other than current tenant, I was named in the lawsuit. Just weeks earlier she dismissed Wells Fargo lawsuit after they failed to appear and I produced the documents which showed Wells Fargo had not given me the 90 days notice to move out. On that particular day August 9, 2010, I had to stop my packing to attend court. I had signed a lease on August 3, 2010, with my new landlord. Wells Fargo was fully aware of this.

DOES JP LINDA SALAZAR KNOW HOW TO READ - OR DOES SHE SIMPLY NOT CARE?

After Wells Fargo received written notice that the house was empty and the electricity was turned off, they filed yet another eviction. The Constable filed with the court a notice that the house was empty and the electricity was turned off. This was given to JP Linda Salazar and Wells Fargo. It was August 24, 2010.

That afternoon knowing full well the house was empty JP Salazar signed an order authorizing alternative service under Rule 742a on me and all other tenants at 4202 Ruben Torres Blvd Ste E, Brownsville, Texas 78526. JP Linda Salazar signed the order without reading it - had she read it she would have realized her incompetent, unprofessional and rude staff put the wrong address on it.

Real quickly, I say this about her staff because they are lazy - court records are public records - I had to make multiple trips to her court because if the clerk assigned to evictions is not in then according to the other clerks the court is shut down. They will not get out of their chair and pull the file. This is a reflection of how Linda Salazar runs her court. It eludes Linda Salazar that she and her staff serve the public - we do not serve them.

In addition to authoring service on the wrong address, the order clearly states that the service must also be done by mail. It was not. The burden of service is on the constable. Nothing was ever mailed to me at the home, or my new home. Wells Fargo had full knowledge of my new home address and the address of the former owner.

This constable decided he was going to serve at an address other than authorized by the court and not mail a copy of the citation to the tenant at the address of the subject home.

THE DAY OF THE HEARING

JP Linda Salazar would sign her own death warrant and or eviction because she is just signing away without any regard for the law or her professional duties.

Had she looked into the file she would have seen there was no evidence that the constable had complied with her 742a order. She would have seen that the lawyer who filed the eviction committed aggravated perjury by stating Wells Fargo had met the statutory 90 day notice before they could evict a tenant. The lawsuit contained their letter from their lawyer stating I was given notice on July 12, 2010. They sued me twice - July 27, 2010, (just 15 days after the 90 day notice) and August 19, 2010. You will remember I gave them notice on August 3, 2010, that I had signed a lease with my new landlord. Either way the lawsuit was not filed 90 days after I was given notice.

The people rely on competent judges to protect them. JP Linda Salazar is lazy and has no interest in doing her job - namely protecting the people and enforcing the law.

Had she simply read the lawsuit - hell the file - she would have seen the house had long been empty and the constable failed to serve the lawsuit as authorized by the court. She would have seen her incompetent staff put the wrong address on the 742a notice.

I TRIED TO WORK IT OUT

Wells Fargo and I have worked it out. Before going public with this I decided I needed to try and meet with her and see if I could get her to listen. This is beyond me - when we have entire states suing the banks to stop the abuses we have a problem. JP Salazar was polite at all times, but unprofessional. Although incredibly polite she had no interest in learning what went wrong and how it is a national crisis. There is no lesson learned. She will continue to wrongfully evict people. She is not going to read the pleadings. She is not going to insure proper service has been done on the defendants.

The banks know this about Linda Salazar - she is their advocate through her laziness. I do not doubt any local attorney looking into the eviction files can make good money by filing wrongful eviction proceedings against the banks and their lawyers.

While entire states are filing class action lawsuits to stop the abuses, Linda Salazar is not interested in learning how to do her job. She is truly a friend of the banks and their lawyers.

HERE ARE SOME ARTICLES ON THE SUBJECT

http://www.nytimes.com/2010/12/22/business/22lockout.html?_r=1&pagewanted=2

http://mddailyrecord.com/2010/08/11/wells-fargo-loses-class-action-lawsuit/

http://newscastmedia.com/blog/2010/10/27/bank-of-america-hit-with-class-action-foreclosure-lawsuit/

http://www.newsinferno.com/consumer-fraud/florida-wrongful-foreclosure-lawsuit-seeks-return-of-seized-homes/

http://finance.yahoo.com/news/Harwood-Feffer-LLP-Files-pz-2148318557.html?x=0&.v=1

http://www.wtop.com/?nid=111&sid=2122268

http://foreclosureblues.wordpress.com/2010/11/23/illinois-foreclosure-class-action-filed-against-wells-fargo-bac-and-indymac/

1 comment:

Anonymous said...

Hey Bobby, it is a SAD, SAD, SAD DAY when our elected officials do not go out and get themselves trained and educated in the office they hold. Sounds like Judge Salazar and BISD President Presas-Garcia operate in the same manner. Sounds like they are good friends, cuz neither seems to listen to reason. INTERESTING!!!!!!!!!!!