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FORECLOSURE COURTS ORDER UNNECESSARY HEARINGS


1 Fort Myers, Fla—Judges in Lee County, Florida, abuse homeowners by ordering hearings on the pretense
2 [fn-summary] that mortgage foreclosure cases are ready for trial when they are not, according to Christian
3 Meister, a 2012 and 2008 Lee County sheriff candidate.
4 The Courts’ action causes homeowners to spend thousands of Dollars in attorneys’ and court reporter’s
5 fees.
6 The order that sends thousands of homeowners to Docket Sounding hearing under a false pretense is a
7 boiler-plate order, signed by Judge Carlin.
8 When homeowners appear in Court, the Judges admit that these cases are not ready for trial.
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10 Judge Thompson: “You’re correct, this case is not at issue [not ready for trial], but we take the
11 position that the Court has authority to move the case on it’s [sic.] docket under the concept of
12 inherent authority” (Transcript, Page 8, Line 1) [fn-transcript]
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14 “Why would a Court of law lie to the people,” Meister asked. “Why would one Judge [Carlin] tell people to
15 appear in Court and bring their trial attorney and another Judge [Thompson] tell people that, basically, the first
16 order is a deception.”
17 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 Judge Thompson: The Court is “treating [the actual Docket Sounding hearing] a little
19 differently than what the [homeowners] might get the impression from the order bringing [them]
20 here” (Transcript, Page 4, Line 16) [FN-0627]. Judge Thompson also explained that “the first
21 couple of [Docket Sounding hearings] are treated as case management conferences”
22 (Transcript, Page 5, Line18) [FN-0627].
23 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 When homeowners ask Judges, - Why am I at this Docket Sounding hearing? - the Judges tell
25 homeowners that the Courts are going to manage their cases.
26 The trouble is, nothing gets managed.
27 When homeowners ask the Courts to order the defiant banks to provide homeowners with documents and
28 witness statements under testimony, the Courts tell them that they do not have the authority.

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29 “The Courts explain, on one hand, that they are going to manage cases, but then they refuse to issue
30 corrective orders,” said Meister. “Which is it: Are they going to manage cases or are they not?”
31 The Judges also admit that nothing’s going to happen at Docket Sounding hearings.
32 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 Judge Thompson: “Nothing’s going to happen today [at the Docket Sounding hearing]” (Transcript,
34 Page 3, Line 8) [FN-0626].
35 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
36 “In these cases, the Courts refuse to order the banks to comply with discovery,” Meister said. “But, the
37 homeowners are entitled to receive evidence prior to any trial.”
38 The Judges explain that they do not have the authority to do anything because these cases are in limbo.
39 “Judge Thompson told a homeowner during a Docket Sounding hearing: I have no authority; help me out
40 here, I don’t know what to do,” according to Meister.
41 “But, you are the Judge, why wouldn’t you have authority?” Meister asked. “It appears that the Courts
42 have the authority to drag homeowners into Court on the pretense that their cases are ready for trial, but they
43 don’t have the authority to order the banks to provide evidence.”
44 “It is apparent that the Courts in Lee County have the authority to do a certain act when it benefits the
45 banks, but it does not have the authority to take action when it would benefit the homeowners,” said Meister.
46 “The Courts are mistaken: Our homeowners have the right to face their accusers, and they have the right to
47 ask questions during cross examination.”
48 The Judges tell homeowners that they are at the Docket Sounding hearings because the “Court has the
49 inherent authority in the management of its docket to move cases forward and compel the parties to move
50 them forward” (Transcript, Page 7, Line 1) [FN-1507].
51 Then, the Judges admit that “nothing’s going to happen today [at the Docket Sounding hearing]”
52 (Transcript, Page 3, Line 8) [FN-0626] and that the best thing they can do is to order another Docket
53 Sounding hearing (Transcript, Page 3, Line 12) [FN-0626].
54 This unfolds at the Lee County mortgage foreclosure Courts day-in and day-out, according to Meister who
55 has been observing hearings as they relate to mortgages foreclosures since 2008.
56 Cases are in limbo because, per Judge Thompson’s explanation, the David J. Stern law firm which
57 represents banks in thousands of cases has quit, and the banks are without legal representation.
58 This is what Judge Thompson tells hundreds, “if not thousands,” of homeowners, according to Meister
59 who observed a number of Docket Sounding hearings in Court room 5F on November 18, 2010.
60 “What Judge Thompson doesn’t tell our homeowners is that the David J. Stern law firm has quit amidst
61 the latest investigations into the law firm’s possible fraudulent practices and amidst at least one class action
62 lawsuit against them,” said Meister.
63 “It appears that cases are in limbo for the banks but not for our homeowners,” Meister said.
64 As it turns out, banks receive huge favors from the mortgage foreclosure Courts [fn-privilege]

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65 “The attorneys in many of these cases don’t appear because they have quit,” Meister said. “But, the
66 banks don’t even bother to send a bank representative to the Docket Sounding hearings.”
67 This is so despite the fact that the order that sends homeowners to the Docket Sounding hearings
68 requires that all parties bring their trial attorneys [fn-carlin-order] to the Docket Sounding hearing.
69 “Judge [James R.] Thompson is in violation of Judge [John S.] Carlin’s order,” said Meister. “It appears
70 that the Courts are giving banks a special, absentee litigant status.
71 It appears to me that if a bank wanted to take possession of a home, it would want to fight to get it. It’s
72 like a boxing match: It takes an opponent. If there is no litigant willing to fight, why are our homeowners being
73 dragged into these hearings by the Courts? Why are the foreclosure Courts inserting themselves into the
74 litigation by ordering phony hearings where nothing happens?”
75 “The Judges say the cases are in limbo, but that’s an impossibility,” Meister said. “The Courts do not have
76 the authority to treat these cases as if they were in limbo because no bank has made a formal request that
77 these cases be placed in limbo status.
78 No bank has made a formal request that these cases be delayed. As a result of the banks’ failure to
79 request a delay of these cases, these cases are not in limbo; they are active cases. Along with that, the
80 Courts lack the authority to refuse to issue orders that would compel the banks to provide homeowners with
81 the banks’ witness’ testimony under oath. The Courts also lack the authority to refuse to send cases to trial.”
82 The Courts’ failure to require the banks to file a formal explanation also causes other procedural
83 problems.
84 “Litigants are entitled to file a written response with the Courts and object to any of the banks’ requests
85 and explanations that attempt to delay these cases,” said Meister. “But, since the banks fail to explain their
86 delays, since they fail to file a proper, formal request, homeowners are not capable of responding to the
87 requests which do not exist.
88 Judge Carlin’s boiler-plate order is causing another problem.
89 “Homeowners are entitled to get cases that sit in limbo for an extended time dismissed,” Meister said.
90 “But, if the Judges keep ordering phony hearing, it turns inactive cases into active ones.
91 Why are our Courts issuing orders, acting as if they were an adversarial party for the suing party banks?”
92 Authority:
93 When homeowners ask the Judges where they get the authority to order Docket Sounding hearings
94 (where nothing happens), the answer is that they have inherent authority. They also state that the authority to
95 order these hearings is debatable [fn-debatable].
96 “It’s not debatable, not really,” Meister said. “Docket Sounding hearings were abolished in 1980 [fn-
97 abolished].
98 The Judges tell homeowners that they are at the Docket Sounding hearings because the “Court has the
99 inherent authority [to manage] cases” (Transcript, Page 7, Line 1) [FN-1507].

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100 “It’s not possible to manage cases when there is no litigant plaintiff,” said Meister. “It’s also the case that
101 cases are to be managed according to strict case management rules and not on the basis of a phantom
102 authority.”
103 “By design, nothing happens at these hearings, so it does not make any sense to order them,” said
104 Meister.
105 Judge Carlin’s boiler-plate-, one-size-fits-all-, form-letter order which sends thousands of homeowners to
106 Docket Sounding hearings is also in violation of numerous rules of the Florida Rules of Civil Procedure.
107 The Florida Rules of Civil Procedure require that Judges first dispose of the litigants’ legal work before
108 Judges are allowed to order a trial. They do not.
109 They also require that Judges read [fn-reading] the documents (pleadings) homeowners have filed with
110 the Court. They do not.
111 They also require that Judges determine the (material) facts of the case prior to trial. They do not.
112 They also require that Judges allow homeowners to obtain evidence from the banks prior to trial. They do
113 not.
114 “In fact, these Courts refuse to comply with the homeowners’ motions to compel the banks to provide
115 admissible evidence in a Court of law,” said Meister.
116 “In fact, these Judges do everything that is possible to violate our homeowners’ rights,” said Meister who
117 sat in numerous mortgage foreclosure hearings since first hearing about law violations in 2008. “You’d think
118 that the fraudulent documents filed by the banks and their mortgage foreclosure mill attorneys would do
119 enough injury, but our people are mistaken: These Judges are committing additional injury, over and over.”
120 Not all Judges do. In New York, one hero Judge has ordered numerous mortgage foreclosure cases
121 dismissed with prejudice because the banks have failed to answer basic questions. For example, - for which
122 companies have you worked for the last two years? This Judge is Judge Arthur Schack of Brooklyn, N.Y.
123 “To put all of this into perspective, we are in a Court of law,” Meister said. “We are not in a circus, and
124 there are no clowns.
125 People are entitled to be subjected to a process [fn-process] that is fair, reasonable, impartial, and
126 quantifiable,” Meister said. “The quantifiable part is covered, in part, by the Florida Rules of Civil Procedure.”
127 However, rules is something the Lee County mortgage foreclosure Judges do not follow. In fact, two
128 Judges, Judge Thompson and Judge Hugh E. Starnes have officially stated that they will not follow the
129 required State rule [fn-state-rule] which authorizes homeowners to face their accusers and ask them relevant
130 questions in cross examination.
131 “Affidavits are hearsay, and this is a standard that has been around for hundreds of years,” said Meister.
132 “But, in Lee County we have special people [Judges] who apparently believe that they do not need to follow
133 the rules.

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134 If I don’t wear a seatbelt, I get a ticket. If Judges don’t follow the Rules, nothing happens to them. If they
135 do follow the rules, they will see to it how many of the rules they can bend in the banks’ favor” [fn-certification].
136 As one anonymous Court observer put it: “Judge Thompson is so far off the wall when it comes to
137 allowing the citizenry to be fairly represented; as far as I am concerned, he is the top of the heap of those
138 scumbags.”
139 “Judge Thompson allows mortgage foreclosure mill attorneys to practically run the Court,” the anonymous
140 Court observer said. “He [Thompson] asks for their advice on what to do on these cases not even related to
141 them [and the attorneys in these cases have not made a formal appearance].”
142 Homeowners struggle because they incur attorneys’- and court reporters’ fees, being ordered to appear at
143 unnecessary Docket Sounding hearings. They also struggle because, apparently, the Florida Legislature has
144 created laws that make it a felony for anyone to speak on behalf of another litigant in reference to his or her
145 own case.
146 “We are a free nation, and a person should be able to pick and choose a relative or a friend to go before
147 the Court on his or her behalf,” Meister said. “This is a gross violation of our civil rights” [fn-life-liberty-
148 property].
149 “The Florida legislature passed a law in favor of the good ole’ boys’ organization called the Bar,” the
150 anonymous Court observer said. “The legislature is mostly manned by attorneys, and they pass laws to favor
151 themselves.
152 The Courts are no longer the people’s Courts,” the Court observer said. “This law has one purpose and
153 that is to take control of the Courts.
154 It’s all about control and money, and the Bar is as corrupt as anything you can conjure up.”
155 According to the anonymous source, the Bar is also in violation of federal laws, including Federal Trade
156 Commission regulations.
157 Christian Meister, on October 27, 2010, wrote Circuit Chief Judge G. Keith Cary a three-page letter,
158 outlining the procedural violations in the Twentieth Judicial Circuit. To date, as of January 8, 2011, Cary did
159 not respond.
160 “What kind of Court do we have when it refuses to provide the people with a process so that they can
161 prove that the banks have engaged in fraudulent activities?” Meister asked. “What kind of Court do we have
162 that allows the banks to stonewall our homeowners’ efforts to obtain evidence?
163 What kind of Court do we have that says point-blank, - we are not going to follow the laws; in Lee County,
164 we don’t have to?
165 What kind of Court do we have when one Judge (first Judge) tells homeowners that their cases are ready
166 for trial and when another Judge admits that the first Judge’s order was a lie?”
167 “What kind of Court do we have when Judges tell homeowners that their cases are ready for trial when the
168 rules expressly forbid the determination in these cases?” Meister asked.

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169 The latest stint of the mortgage foreclosure Judges is to order fifteen-minute trials.
170 “On January 5, 2010, one attorney informed me that the Lee County Courts are now ordering one-
171 hundred trials in the morning and one-hundred in the afternoon,” said Meister. “This is outrageous.
172 It takes fifteen minutes alone to present an opening statement. By the time the banks’ attorneys present
173 their cases, the fifteen minutes are up. The homeowners’ attorneys do not even get to speak.”
174 Christian Meister has written a comprehensive report that outlines the violations in Chief Judge Cary’s
175 Circuit. This report includes references to Florida Rules of Civil Procedure as they pertain to enumerated
176 violations as well as it includes crafted legal arguments attorneys can use on appeal.
177 “We need to expose this operation,” Meister said. “The people need to know what happens in a Court of
178 law, and I am talking about every State Court [in the United States].”
179 Christian Meister said he also is concerned about a hamstrung legislature.
180 “Regardless of whether our legislative bodies were to create favorable laws for the benefit of the people,
181 the Judges are not necessarily going to follow them,” said Meister. They have what’s called autonomous
182 power, and they can do as they please in their Court room without punishment.
183 They take the position, - I am the ruling king in this Court room, and if you don’t like it, you have the option
184 to appeal it. These Judges also know—as well as do the financial institutions—that our homeowners do not
185 have, say, $10,000 to spend on an attorney to go and appeal.”
186 “The legal system has fallen short of the people’s expectations,” Meister said. “But, it’s not necessarily a
187 recent phenomenon; it’s part of our history” [fn-packing].
188 Christian Meister’s comprehensive report—The Judges—will soon be made available online on
189 www.wewepeaks.com. Christian Meister is the author of How To Stop Foreclosure. This e-book includes
190 court decisions from various States and gives insight into the shortcomings of the legal system in America
191 today. Additional information is available on www.wewepeaks.com.

###

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Christian Meister
PO Box 60662—Fort Myers, Florida, USA—786-390-4985
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FOOTNOTES / ENDNOTES
_____.
192 [fn=abolished] Law: Florida Rules of Civil Procedure (“Fla.R.Civ.P.”), Rule 1.460, Committeee Notes, 1980
193 Amendment.
194
195 _____.
196 [fn-carlin-order] Evidence: Written Order: Docket Sounding hearings are initiated by a boiler-plate-, one-size-
197 fits-all-, form-letter order which, estimated, is sent to thousands of homeowners; this order is signed by Judge
198 Carlin.
199
200 _____.
201 [fn-case-management] Law: Cases are managed pursuant to Fla.R.Civ.P., Rule 1.200.
202
203 _____.
204 [fn-certification] Rule: Courts are required to enforce the rule which requires that all attorneys verify their
205 complaint in mortgage foreclosure cases, as required by the Florida Supreme Court. Fla.R.Civ.P., Rule
206 1.110(b). However, they do not always enforce it.
207
208 _____.
209 [fn-debatable] Evidence: Transcript: Judge Thompson told a homeowner that his authority is debatable
210 (Transcript, Page 6, Line 23).
211
212 _____.
213 [fn-failure-to-prosecute] Rule: Fla.R.Civ.P., Rule 1.420(e) (“Failure to Prosecute”).
214
215 _____.
216 [fn-nothing] Evidence: Transcript: Judge Thompson told a homeowner that nothing happens at Docket
217 Sounding hearings (Transcript, Page 3, Line 8).
218 _____.
219 [fn-packing] An excellent audio CD offers insight into the powers of the Court, in this case, the United States
220 Supreme Court: Packing The Court: The rise of Judicial Power and the Coming Crisis of the Supreme Court.
221 “This audio book talks about the powers of interest groups and the Courts’ action or reaction in response,”
222 Meister said. “We have more favoritism in our Courts than one is willing to accept. Our Courts have favored
223 interest groups and a corporate agenda from the beginning of our time.
224 _____.
225 [fn-process] Authors’ commentary about the legal process and about procedural requirements.
226
227 _____.
228 [fn-privilege] Authors’ commentary about disparate treatment: The Lee County mortgage foreclosure courts
229 put homeowners who have an attorney and those who do not into two classes. The members in the class
230 who are represented by an attorney (“attorney class”) get to speak first in court. Members outside of that
231 class are required to wait until the members in the attorney class have appeared before the Judge.
232 “Typically, they have to wait for about two hours [from 1 p.m. to 3 p.m.] while cases of the members in the
233 attorney class are called in a fashion which resembles an alphabetical or numerical order,” Meister said. “The
234 members in the attorney class are heard, in this fashion, as soon as the hearings begin.”
235 “The members in the pro se class have to sit there and wait while the attorneys’- and court-reporters’ fees
236 are diminishing their financial resources,” Meister said. “The banks don’t care because their attorneys go
237 through about 100 to 200 cases in one afternoon, depending on the type of hearing.
238 _____.
239 [fn-life-liberty-property] “No State shall make or enforce any law which shall abridge the privileges or
240 immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property,
241 without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
242 The Constitution of the United States, July 28, 1868, Article Fourteen, Section 1.

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243 “[N]or [shall any person] be deprived of life, liberty, or property, without due process of law.” The
244 Constitution of the United States, 1787, Article Five.
245 _____.
246 [fn-reading] Evidence: Transcript: Judges do not read the litigant’s legal work (Transcript, Page 6, Lines 3-5
247 and 14).
248
249 _____.
250 [fn-state-rule] Evidence: Written Order: Judges James Thompson and Hugh E. Starnes refuse to follow
251 Fla.R.Civ.P., Rule 1.510(e), as stated in an order dated December 2, 2010: “Lee County is not requiring that
252 [banks] comply with Fla.R.Civ.Pro [sic.] 1.510(e).”
253
254 _____.
255 [fn-summary] Author’s commentary about the Courts’ pretense: Judge Carlin’s order also orders homeowners
256 to appear at a Docket Sounding hearing on a second pretense. Judge Carlin’s order tells homeowners that
257 they can get the Court, at the Docket Sounding hearing, to determine the winner of the litigation in a
258 procedure in which the Court determines the winner prior to the time of a possible trial. This procedure is also
259 known as a summary judgment.
260 “The problem is that neither the banks nor the homeowners are requesting this type of procedure,” Meister
261 said. “If they were to request this procedure, it would have to be requested by them—the Courts cannot
262 initiate this type of hearing—and they would not ask for a Docket Sounding hearing in order for the Court to
263 hear a summary judgment.
264 If you want a summary judgment, you would request a summary judgment hearing.”
265 “What is bizarre is the fact that the Courts drag our homeowners into the Docket Sounding hearing under
266 this pretense, but then they tell homeowners that there won’t be a summary judgment because no litigant has
267 requested one,” Meister said. “This makes as much sense as saying, - Honey, let’s go to McDonald’s to have
268 steak.
269 When you arrive at McDonald’s, I tell you that, - Sorry for bringing you here but all the truck drivers who
270 deliver the steaks have quit and there will not ever be a steak but, why don’t you come back in two months?
271 Then, it stars all over again: Honey, let’s go to McDonald’s to have steak, etc. And that is what these Courts
272 are doing to our homeowners. They are essentially saying, - Honey, it sucks for you that you had to come
273 here and spend $500 on an attorney.”
274 “To top it all off, the rules do not allow for the Courts to do this,” Meister said. “In fact, they give specific
275 instructions on what the court is to do, but they are not doing it.
276 The Courts violate several rules. The first one says that only a litigant can initiate a summary judgment
277 hearing (to determine the winner of the litigation prior to trial). The second one says that if and when a litigant
278 initiates it, it is a summary judgment hearing and not a Docket Sounding hearing that’s requested and not
279 some unrelated, phony hearing which was abolished by the rules in 1980.”
280 “One big problem is—and this is an obvious one—is the fact that if no litigant orders a summary judgment
281 hearing, why do the Courts order a phony hearing under the guise that a litigant might get to have a summary
282 judgment hearing when, on an if and maybe basis, he or she wants to have it,” Meister said. “In most of these
283 cases, neither the homeowners nor the banks request a summary judgment.
284 The banks, these days, are shy to request a summary judgment, and their attorneys are now beginning to
285 run from these cases as far as they can. Homeowners don’t know they can file a motion for a summary
286 judgment, or they don’t know how.”
287
288 _____.
289 [fn-transcript] For transcript information, refer to WEWEPEAKS’ COMPREHENSIVE REPORT.

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