Strategy Discussion Paper on Florida Foreclosure Disaster Initial Preparation Date: May 20, 2013 Prepared by: Cary

Limited in Scope to REMIC Trusts as Plaintiffs

Overview Florida is a judicial foreclosure state that requires any foreclosure Complaint file in the state circuit courts to be verified. In April 2013, Florida's 5th District Court of Appeal issued an interesting opinion (to say the least), which may have accidentally opened the flood gate for the Banks. In its opinion, the 5th DCA found that Rule 1.110(b) which requires banks to verify any foreclosure Complaint, did NOT require the signor of the verification to list their job title or even their relationship to the Plaintiff. This is a disturbing opinion for homeowners as it will result in homeowners not being allowed to challenge the verification on the foreclosure Complaint. This screams in the face of the Florida Supreme Court's opinion that created the verification rule 1.110(b) to attempt to prevent fraudulent foreclosure filings by forcing the Plaintiff to verify under oath the allegations in the Complaint. If the person signing does not have to state their relation to the Plaintiff, then the Plaintiff can simply say that this person did not have authority to sign and thus any fraud in complaints was not authorized statements by Plaintiff. This is an example, and there are many others related to foreclosure cases, of how the Banks and their Attorneys use the Florida courts to rule on single and seemingly insignificant points of law, rules and procedures to further confuse and obfuscate the various fraudulent documents and claims in the whole foreclosure process. Florida is in the fifth year of this disaster and even today, five years into the whole nationwide housing meltdown, Floridas learned and experienced Judges still do not understand their role in perpetuating this disaster. The Florida Judges, in general, have not educated themselves on the details of the financial aspects of a commonly known home loan and: 1) Refuse to consider anything other than the basic presumption that a homeowner in foreclosure is irresponsible and should not have a signed the loan documents in the first place because they could not afford the home; 2) Use we are not giving anybody a free house as a position statement when homeowners challenge the claims of the Banks; 3) Refuse to even consider foreclosure cases on the merits of each individual case filed in the Florida court; 4) Seem to care less whether their actions and non-actions appear to be biased for the Banks and contrary to their oath of office, the FRCP, the Florida Statutes, the best interests of the State and its communities and finally the individual homeowners and families that end up paying an enormous price emotionally, economically and financially. Whether Lady Justice is served or not is NOT the issue. Whether fair and equitable, impartial judicial rulings are NOT the issue. The fundamental issue is whether there are any Judges in the State of Florida who will review the individual case facts in evidence and rule in the RIGHT manner, period. Anything else, any other ruling, is WRONG. It can get no simpler than this.

In order to help these overwhelmed, confused and stressed out Judges in Florida do the RIGHT thing, we must develop the factual evidence for each individual case we accept such that ALL the issues are clearly identified and presented in manner that a fifth grade elementary student can understand. The easiest cases to implement this strategy with are the ones where the Banks and their agents intentionally and overtly broke a Florida Statute. Namely by endorsing a non-negotiable financial instrument (the Note), transferring the instrument as cash equivalent by negotiation (endorsed, undated, in blank and without recourse), then depositing this instrument into a Real Estate Mortgage Investment Conduit Trust (REMIC) that then issued Certificates (Bonds) to Investors, the original Lender on the Note (the essential financial instrument on which the whole transaction is based) committed fraud. This initial fraudulent scheme separates the Note from the incidental security instrument, the Mortgage, which void the mortgage and makes the Note unsecured debt AND voids the note as a fraudulent financial issuance based on unclean hands doctrine, dishonesty, the four components of fraud, fraud voids everything Maxim of Law, and numerous Truth in Lending State and Federal Statutes and Codes. By using this approach and identifying the foundational issues of the whole complex financial transaction, common known as a Home Loan, we establish the facts in the matter, define the word definitions, supply the factual evidence and rebut any assumptions and presumptions of the Banks/Lender, their Attorney(s)/Agents and the Court/Judges. This may initially sound like a huge undertaking, but I believe it is actually easier than it appears. The facts are irrefutable, the evidence is already documented and the laws/statutes are clear and already on the books. Heres the approach I propose: A) Prepare and have the homeowner with the Warranty Deed sign an Affidavit of Fact that they did not know they were being made A Party to the issuance of securities. State that they were not informed that their non-negotiable instrument, the Note, was going to be negotiated and exchange as a cash equivalent instrument. B) Defendants Answer, Affirmative Defenses, Counter Claim in Chancery and Demand for Trial. C) Defendants Motion for Summary Judgment.