There is a major defect in almost every foreclosure case, and it continues even today, this late in the game. We are still allowing unknown, unidentified and unauthorized Plaintiffs to appear in Florida courtrooms and ultimately take title to property.
All across this state, hundreds of millions of dollars in real property is changing hands and shifting around and back and forth between shadowy trusts, ill-defined entities and national institutions, but no one has any idea who these entities are, where they are based, how they are governed and how to track them down when things go wrong.
It all starts with a basic failure in pleading….the failure to plead capacity which is quite simply the failure to tell the court who you are and where your place of business is. All sorts of things flow from this basic failure. For instance many of these Plaintiffs rely on Powers of Attorney to execute documents such as Assignments of Mortgage….one of the problems is that an assignment based on a failed power of attorney is invalid and a power of attorney is not valid when the entity is a trust corporation that is not validly registered to do business.
On a more personal note, I’m trying to collect a judgment entered in my favor against “US Bank, Trustee”, capacity was never plead and now I’m having a devil of a time trying to figure out how to collect this judgment because I cannot track down, “US Bank”. Read the documents below…
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