What is America? What should it be?

“America’s not a country. It’s a business. Now fuckin’ pay me.”

Jackie (Brad Pitt), Mafia hit man demanding hit money, final words in the film Killing Them Softly (2012)

“A lot of people had to die for me to be me.”

Frank Costello (Jack Nicholson), Boston Mob boss in the film The Departed (2006)

“This is business, and if you want to be in business, this is what you do.”

Carmine Sabatini (Marlon Brando), New York godfather-like entrepreneur in the film The Freshman (1990)

FINALLY, someone explains America in a way that makes sense.

Do you think all the legal plunder by the US government goes to help the poor, the stupid, the ignorant, the defective, the downtrodden, the underprivileged? Not in a million years. It simply goes to buy the votes of them and the able who support the Robin Hood ideology, and to reward the financiers of government crime. All business.

Do you think the courts operate to dish out justice? Not on your life. They operate EXACTLY the way the Mafia operates, gouging the litigants with outrageously high fees and costs, run by racket-protected judges and attorneys and their mob bosses in the bar. A disputant might get swifter, cheaper, more expedient justice from the Mafia than from some of America’s business-driven courts. And all the lawyers swore to obey omerta in the bar oath – “I will maintain the respect due to the courts of justice and judicial officers.” This binds lawyers to silence about bad reputations of judges and fellow lawyers.

Do you think America’s foreign aid program goes to help honorable people. NO WAY. It operates like bribes to government insiders to curry their animosity against America’s enemies.

First things first, though. WHAT does “BUSINESS” mean?

“Business: the practice of making one’s living by engaging in the activity of buying and selling.”

New Oxford American Dictionary

Examples:

1. You join the Navy Seals and become a sniper. You kill designated or random targets for a living. You sell swift, cheap death.

2. You become a prostitute and hire a pimp to protect you so you can sell sex to buyers in the community. Your business is pleasure. The pimp’s is protection.

3. You run for a Senate seat as a Democrat and promise to give citizenship to all illegal aliens and welfare checks to all poor people. They vote for you in droves. You just sold government money and US citizenship to them for a vote. Then make all kinds of money selling your Senate votes to campaign contributors on issues you don’t care about.

Hey. Nobody says you have to BELIEVE in the honor or goodness of what you do. It’s just a matter of BUSINESS, selling your services to neighbors, governments, corporations, the poor, etc.

Yes, America’s governments operate like mafia corporations, complete with privileges for government insiders and the wealthy who finance compains, and abusive “protection racket” taxes for everyone else.

What does this mean? When the time comes for you to instruct your grandchildren, tell them this:

1. Go out and get yours, kid. The world is your oyster and you can have whatever you want, but you have to TAKE the opportunity where and when you find it. It’s all business.

2. Plan your adventures, work the plan, set new goals to replace those you have accomplished, and do not ever ever ever give up.

3. Study, play, work, rest, and nourish yourself enthusiastically and wisely, learn well, and master everything to which you set your mind or body.

4. Respect the law, make it serve you, and safely flout it if you must.

5. If you go to court, do whatever you must that causes the judge to rule in your favor, or advantageously makes the proceeding unnecessary.

6. Be honest and truthful, don’t overdo it, and creatively, cost-effectively eliminate adversarial contests that don’t benefit you.

7. Wisely choose a smart, ambitious, able mate who shares your values, then run your relationship like a business.

8. Tolerate no tyranny.

9. Beware of those who cannot share your view of reality, and convert those who can.

10. Waste nothing of value.

What about LOYALTY? People should strive for loyalty to their BUSINESS, the prosperity and happiness plan for their lives, not merely to people or groups of people. If people and groups don’t serve that plan, you have no choice but to cut them off from your attention, ambition, and support. If you do otherwise, you betray yourself and your ambitions.

And when one procreates children, one MUST imbue the children with the same view of reality. NOBODY gets a free ride. EVERYBODY contributes to the business, or you burn them, one way or another.

Through the striving for the above 10 business points, one cares for one’s family, job, customers, and others who contribute to one’s wealth. But enemies or competitors lurk in the sea of humanity around us. And they will destroy you if you don’t disable or destroy them. And both your own irresolute character traits or real people can comprise those enemies. Well think back to all the times your own sloth, dissipation, lust, blind avarice, etc., have betrayed your personal goals. Those became your enemy, and just as effectively as a separate, evil enemy would have, those features sabotaged your future and caused you to waste a part of your life. So you must ruthlessly destroy their ability to destroy you and those you treasure. It’s the law of the survival of the fittest, “SOF.” If you want to flourish and prosper, you must identify and destroy whatever enemies stand in your way, and do it without ruth, remorse, or hesitation.

The founders of the American Republic might have expressed their views somewhat differently, but those with their heads screwed on straight had PRECISELY the same vision in mind as I have listed above. You can see that in the Declaration of Independence and the original constitutions of all the states. The founders meant to establish a system of government that would GET OUT OF THE WAY so that they could get on with their ambitions (business) in life. They NEVER DREAMED America would become the international meddler, arms dealer, drug runner, and welfare state of today.

If WE don’t take action to restore America to the ideals of the founders, we will become the slaves and bitches of the deadbeats, defectives, derelicts, ignoramuses, arms-and-drugs lords, and bankers who use criminals in and of government to oppress, suppress, and rob us blind. We need to get ourselves and our nation BACK TO OUR INTENDED BUSINESS.

Yes. America IS a business, but no longer can we call it OUR business. We MUST take it back so it serves the original vision of the founders, or we must become the ones it serves.

How to YOU intend to accomplish that?

***

Bob Hurt

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The Virtual Loan Mod Pot of Gold for Foreclosure Defenders and Mortgagors

The Virtual Loan Mod Pot of Gold for Foreclosure Defenders and Mortgagors

Dear Neil Garfield:

I write in response to your Blog Entry:

http://livinglies.wordpress.com/2012/12/10/california-bar-throws-baby-out-with-bathwater/

You have stumbled upon a serious gaff in the foreclosure defense industry for which you hustle business day and night through your LivingLies WordPress blog.

WHY I DISDAIN THE FORECLOSURE DEFENSE INDUSTRY

Foreclosure Defender (FD) attorneys essentially commit malpractice by doing battle against the foreclosure instead of the mortgage. They gouge their clients for a $1500+ retainer (gift) plus $500+ a month for as long as the FD can keep the feckless, desperate client in the house.

http://www.tampabay.com/news/confusing-lawyer-fees-complicate-foreclosure-battles/1173271

And inevitably the court/trustee disposes of the house at auction. So the client SHOULD have SAVED all that money, then done a keys for cash deal, and walked from the house with $30K in the pocket, enough to BUY A HOUSE AT AUCTION for CASH.

On top of that the FD almost NEVER examines the mortgage for tortious conduct, contract breaches, and other legal errors, OR mounts an attack against the lender for associated causes of action. In this failure to attack the lender for contract breaches, etc IN THE FACE OF THE LENDER’S ACCUSATION of borrower BREACH of contract, the FD attorney commits blatant MALPRACTICE.

Plus, FD attorneys never suggest that even feckless borrowers don’t need an attorney to do a loan modification for them. I consider such dereliction unconscionable and scurrilous.

So now Congress and Legislatures have made it crystal clear that attorneys and other FD "malpractitioners" can no longer gouge their hapless foreclosure victim clients UP FRONT for the scurrilous practice of doing loan mods which the victims can do themselves. Now Government requires that FD loan mod attorneys do the service first and collect payment AFTER the loan mod dust settles. I say HOORAY FOR THE GOVERNMENT. It’s about time somebody stanched the blood-sucking that FD vampire attorneys have done for years on their clueless foreclosure victim prey.

HOW DEFENDERS/MORTGAGORS CAN WIN

Lest you think that I write unfairly about the FD mobsters, please allow me to throw all of them a bone (and you along with them). I have the perfect mechanism whereby they can do the equivalent of a loan modification for those foreclosure victims (or 90% of the other mortgagors), AND collect the fees UP-FRONT. I should charge all of you fifty bucks and force you to watch a tedious half-hour video that simply repeats all of the above. But instead, I shall BLURT IT OUT. Ready? Okay, here goes.

1. FIRST- CONTACT ME. Before I get going too vigorously, I’ll let you know that YOU CAN CALL ME CALL ME at

727 669 5511 –
or Email me

and I’ll patiently explain all the details of this method to any FD malpractitioner, mortgagor, foreclosure victim, or referral agent who truly desires to know. And no, I won’t charge you a penny for this valuable information.

2. SECOND – EXAMINATION. I have already explained this to you in the past, but it bears repeating. FD attorneys should procure the services of a competent, fastidious MORTGAGE AND APPRAISAL EXAMINER to review ALL of the mortgage related documents (including correspondence, case filings and rulings, and closing documents) to discover causes of action like contract breaches, tortious conduct, or legal errors by the mortgagee, lender, or agents. This service will probably cost you $3000 or less and I know only one company truly competent enough to perform it. CALL ME FOR DETAILS. I CHARGE NOTHING FOR THIS SERVICE, but the examiners have to eat.

3. THIRD – EVALUATE. IF the exam report does not reveal causes of action, you have nothing to negotiate and the foreclosure will inevitably happen. You will lose the house. Do not fight further. Find a graceful way to exit from the house and save your credit rating. The three best ways, all of which can leave you with the ability to get another government guaranteed loan of some kind in 2 years:

a. Deed in lieu of foreclosure – ask the servicer for this. You won’t have a judgment lien against you, so it goes easy on your credit

b. Short Sale – Get the house ready for sale and spiff it up the best you can, starting with the outside, and put it on the market with a competent realtor or FSBO if you know how. You might have more time than you think if the lender dawdles. The closer the foreclosure looms the more important that you sell it, but drop price only as a last resort. Most borrowers will have an underwater mortgage, so the house must sell short, for less than the loan balance. The lender will have to approve it. The borrower might need a lawyer to negotiate with the lender to take the deal. Hint: if the house has mortgage insurance on it, you might get the insurer to hammer the lender into approving the short sale.

c. Keys for Cash – I prefer this. Ask the servicer for a cash stipend if you leave the house "broom clean." If you (the victim) have saved money while failing to make mortgage payments, you might have enough in hand to buy an auction house after losing yours to foreclosure.

4. FOURTH – NEGOTIATE. That’s right. I’ve explained this before, too. With the Mortgage and Appraisal Exam report in hand, you FD attorneys (and you victims of bad mortgages and of foreclosures) can sit down an write a stinging demand for settlement, and put it in the hands of the Lender/Mortgagee/Assignee/Holder’s attorney. This will start the negotiation process.

a. You foreclosure victims DO NOT NEED AN ATTORNEY to do this, but I recommend hiring a COMPETENT attorney to negotiate the settlement. Otherwise your opponent’s attorney might give you short shrift or fail to take you seriously. Sorry for this. Fact of life. It shouldn’t cost you more than 3 hours of the attorney’s time to read the report, draft the offer demand, and negotiate the settlement. That’s about a thousand bucks or less.

b. The foreclosure victim will not have to pay an attorney tens of thousands of dollars to do this negotiation. And this negotiation can achieve a result most FD attorneys can only dream of AFTER dragging out the foreclosure for months on end at big cost to the borrower. Remember that the interest and other costs mount up during the foreclosure process and only stop when a requesting loan mod or a fake bankruptcy.

5. FIFTH – SETTLEMENT or LAWSUIT, possibly HOUSE FREE AND CLEAR. Yep, I’ve told you this before too. The negotiation will produce one of these results:

a. FLAT NO – the lender refuses to settle and says "Sue Me." If this happens the victim must decide whether to find an affordable attorney, wing it in court pro se, or walk. Most likely the victim won’t find a pro bono attorney to fight the battle, but the victim MIGHT find an attorney to take the case on contingency.

b. SUE (possibly get the House Free and Clear, and/or Punitive damages) If you sue with a competent attorney, you will probably win, for one primary reason: the court exists to give redress to the injured. And YOU got injured by the lender. In other words, instead of having the role of the dogmeat as a foreclosure victim, you have the role of the DOG in a tort/breach claim against the lender who injured you. THIS CONSTITUTES THE PRIMARY VALUE OF THE MORTGAGE AND APPRAISAL EXAM. This powerful tool turns you into a DOBERMAN. It allows you to sue the lender and win both compensatory and punitive damages. LOOK at this example of both a settlement AND a lawsuit that let the borrower WIN A HUGE ARRAY OF AWARDS:

http://wvrecord.com/news/233771-quicken-loans-on-losing-end-of-3-million-predatory-lending-verdict

This proof of concept shows precisely why YOU must (if you have any sense) get your professional mortgage exam done BEFORE approaching a FD attorney. It also shows why the FD attorney needs to get the exam done and ATTACK THE MORTGAGE, rather than engaging in malpractice by merely fighting the foreclosure.

c. SETTLEMENT (similar to but better than LOAN MOD). Your negotiation will most likely result in a settlement offer, precisely the KIND of deal you wanted from the loan mod to begin with – an affordable, fair mortgage. I would typically consider equitable a deal to reduce the loan balance to the present value of the house minus the borrower’s paid-in equity, refinanced for 30 years at a fixed going rate with no balloons Most lenders would prefer that to a lawsuit that exposes their soft and rotten predatory lending underbelly.

WHY DON’T I READ ABOUT A LOT OF SUCH SETTLEMENTS/AWARDS on the INTERNET?

You seldom see such things for two reasons:

1. Most lenders’ attorneys have more sense than to buck against a fair settlement because they know what damage a messy, expensive lawsuit will cause to their and the lenders’ reputations. When settling, they ALWAYS REQUIRE PLAINTIFFS TO EXECUTE NON-DISCLOSURE AGREEMENTS. You could look at the settlement as a form of "hush money."

2. Statistically ALL (let me spell that: A-L-L) FD attorneys do not have the skill, will, and wallet to fight such a battle, AND they believe they earn more by bilking the frightened, feckless foreclosure victims out of an average $10,000 to $20,000 (in some cases up to $200,000) to play a malpractice delaying game that simply drags out the inevitable foreclosure and results in loss of the client’s house anyway.

WHY DO I ACCUSE FD ATTORNEYS OF MALPRACTICE?

I say this because FD attorneys have a fiduciary responsibility to examine the contract and related documents when a client comes to them for help fighting a breach of contract accusation. To fail in this duty constitutes malpractice. And that becomes a tort if an injury and damage results to the client.

FD Lawyers: a client comes to you complaining that a mortgagee sued him for breach of the note and demands foreclosure and sale of the house according to the mortgage. Because examination of hundreds of loan-related documents including the loan application, real estate purchase agreement, appraisal, and all the closing documents, you start fretting over irregularities in the loan assignment and the foreclosure process. Maybe you can get the court to dismiss the case on the basis of lack of plaintiff standing (wrong plaintiff), robo-signing, etc. But by such an exclusive focus you have missed seeing the elephant in the room in 90% of some states’ mortgages: appraisals that overvalue the property, and fraud by mortgage brokers who dummied income or expense figures in order to get some lender to make the loan.

THAT dereliction of your fiduciary duty constitutes the tort of legal malpractice, according to the legal experts with whom I have discussed the matter.

IF you fail to examine the documents related to the breach-of-contract and foreclosure action for contract breaches, torts, and legal errors, then you have failed in your fiduciary duty to the client. If the client then loses the house and/or a lot of money as a consequence, then the client will have a cause of action against you.

THE POT OF GOLD FOR FORECLOSURE DEFENSE ATTORNEYS

Okay, so let me summarize the POT O’ GOLD for FD attorneys at the end of the LOAN MOD rainbow. You get two choices.

1. INITIATE a Loan Mod and languish till consummation to receive your fee, or…

2. Get your fee up front, hire a MORTGAGE AND APPRAISAL EXAM for ANY mortgagor clients (whether or not in foreclosure), then threaten a tort/breach/error lawsuit and reach a settlement that will probably include a deal far better than the typical loan mod (LOW FACE AMOUNT, NO BALLOON).

THE POT OF GOLD FOR MORTGAGORS

And now I’ll summarize the POT O’GOLD for ANYBODY WITH A MORTGAGE DEBT (including foreclosure victims):

1. Hire a MORTGAGE AND APPRAISAL EXAM, then get a lawyer to negotiate a settlement and if necessary a lawsuit as above.

2. You typically will easily get a GOOD settlement, and you COULD get your house free and clear and/or a huge WAD OF MONEY for your trouble to cover all your costs and a vacation to some exotic land for a long long time. Plus attorney fees.

Whether you are an ATTORNEY wanting to avoid malpractice and serve ALL mortgagors, or you are a mortgagor wanting a better deal on your mortgage, or your house free and clear…

CALL ME at

727 669 5511,

and I’ll give you a detailed explanation and introduce you to the mortgage examination company himself, when you get ready to take action.

NO, my service will not cost you a penny. I have helped people FREE since May 2006.

YES you can subscribe to my Lawmen Group e-letter at http://bobhurt.com. You get that FREE too.

Bob Hurt, Concerned Bob Hurt Blog 1 2 3 f t
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
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What Kept White Men Away from the Polls?

Philosopher, Marketeer, Geneticist, Film Reviewer, and Quill Master Steve Sailer wrote today of a remarkable reality during the recent election:

WHITE MEN STAYED AWAY FROM THE POLLS in record numbers.

Sailer quoted this New York Times interview quotation:

“When you lose, you nitpick the numbers as you go through this stuff,” Mr. Newhouse said. “The number of white men who didn’t vote in this election compared to white women compared to four years ago was extraordinary.”

Would any of you care to conjecture as to why white men, particularly Republicans, chose to descend so far into the murky depths of infamy as to refuse to vote?

Do you think they might have started liking the taste of Barack’s bilge water?

Or did they find Mitt’s sycophantic smarmy sucking-up too intolerably and transparently fake and fatuous to deserve a vote?

If so, you feel pretty much as I do. I conjecture that most informed and sensible men couldn’t stomach voting for either Obama or Romney, and knew that no other vote mattered. So, they left the election up to the idiots of America who actually embraced the political pulp of the candidates.

Well. Just how much sense can those non-voters possibly have? Do they lack sense because of stupidity? Or irresponsibility?

Does it makes any difference?

I have concluded that the time has come to deny both procreation and suffrage to the stupid and irresponsible.

Bob Hurt, Concerned Bob Hurt Blog 1 2 3 f t
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
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Tampa Pastor Sues Sheriff for Adverse Possession Arrest

Sheriff Arrests Tampa Pastor for Burglary after Pastor Sues Sheriff for Adverse Possession Harassment

7 October 2012 by Bob Hurt

Tampa Florida, 7 October 2012 – Hillsborough County Florida Deputies Van Pelt, Vasquez, and Lott arrested Tampa Pastor Tami Robinson and parishioner Samantha Gavin, both African Americans, at Gavin’s Tampa home at 8:45 P.M. Sunday night for Adverse Possession of a home abandoned in foreclosure. Robinson had filed a notice of adverse possession several weeks earlier. Gavin resided in the home. And, Robinson had just hand-served Deputies a Declaratory Judgment lawsuit for earlier related harassment at a different adverse possession home.   Deputies charged the women with invasion by false personation, organized fraud, burglary of unoccupied dwelling, and grand theft, setting bonds at $69,500.  Conviction on all counts could result in enormous fines and lengthy prison terms even though no equitable owner accused the women of trespass.

How Sheriffs Harass Adverse Possessors

The arrests constitute another chapter in the saga of official harassment and suppression of squatters by Statewide Prosecutor, State Attorney, Sheriff, and Police. The harassment has risen to the level of a pogrom against squatters in foreclosure-abandoned homes. The pogrom operates as follows:
  1. The squatters file a Notice and Affidavit of Adverse Possession of abandoned, deteriorating homes in accordance with Florida Statute 95.18 and 600 years of Florida and English common law.

  2. The County Property Appraiser notifies both the equitable owner (mortgagor) and the Sheriff or Police Chief of the adverse possession.\

  3. Law enforcers visit the property and interview the squatter who usually admits information the law enforcers consider violations of law

  4. Law enforcers contact the equitable owner and stir up the owner’s anxiety against the squatter by implying that the owner will bear responsibility for the damage the squatter does to the property. Often they cannot make such contact. If they do, they suggest the owner should write and sign a trespass warning.

  5. Law enforcers visit the property and harass the squatters, ordering them to move or face arrest, often without any complaint or permission to do so from the owner.

  6. Law enforcers arrest the adverse possessor and/or resident under charges of breaking and entering, burglary, criminal mischief, grand theft, scheme to defraud, and so on.

  7. The adverse possessors typically pay the bail of $500 to $6,000 which exposes them to severe financial hardship and makes it impossible to afford an attorney.

  8. The adverse possessors accept a felony conviction through a plea bargain that leaves them wearing an alarm ankle bracelet or doing jail time.

  9. Some adverse possessors lose their household possessions and their jobs through the process, and            their family members and friends shun them.

Sheriff Targets African Americans, Even Pastors

Law enforcers seem most vigorously to focus such efforts against African American squatters. In November and December of 2011, Sarasota Sheriffs twice arrested African American entrepreneur Joel McNair, cousin of NASA astronaut and scientist Ron McNair, for adversely possessing upwards of 60 homes and renting them at low prices to disadvantaged families. Deputies charged him with grand theft and scheme to defraud in fraudulently contrived arrest warrants. McNair learned of a new warrant for his arrest in May 2011 in Manatee County. He committed suicide the next day rather than spend his remaining years in prison. He did not have the money for a court battle because deputies told his tenants he had no right to the houses and they did not have an obligation to honor their contracts to pay him. By the time of his death McNair had adversely possessed over 100 homes abandoned in forclosure in Sarasota, Manatee, Hillsborough, Pasco, and Pinellas Counties. Many believe Sheriffs harassed McNair to death out of economic jealousy. They could not stand seeing an intelligent African American male become a business success by putting low income families in nice homes they never could have afforded otherwise. Beneficiaries of his goodness consider McNair a hero and a martyr.

Sheriffs have arrested numerous African Americans in connection with adverse possession over the past two years, including Chris McDonald of Valrico, George Williams of Plant City, Demetrius Lewis of Pasco, Shalonda Allen of Pasco, Maurice Jennings of Pasco, Roosevelt Mitchell of Marion, Byron Parris of Miami.

How Everyone Benefits from Adverse Possession

Tami Robinson, historically a mortgage broker, pastors the Well Pavilion Ministry church of 3402 Sanchez Street in Tampa. In an interview last Monday, Pastor Robinson explained her motive for adverse possession. “I want to find some way I can help those members of my congregation who desperately need a place to live, cannot afford typical rents, and feel willing to do routine home cleaning, yard care, and maintenance,” she said . She added, “And I want to help beautify our community by cleaning up the trashy houses that owners have abandoned because of foreclosure. I just want to do my part to help, and to benefit the owners and lenders at the same time.”

Robinson believes everyone benefits from adverse possession by responsible people. The day before her arrest, she explained: “Adverse possessors keep thieves and vandals at bay, make the home look nice again, keep the air conditioner running to prevent mold and mildew contamination, use insecticide and cleanliness to eliminate bugs, rats, and other pests, make the community look inhabited, routinely maintain the home, and perform the normal services of a good neighbor in the neighborhood. With adverse possession, everybody wins and nobody loses.”

Why Sheriffs Falsely Arrest Adverse Possessors:  Jealousy

Why, then, do Sheriffs, police, and prosecutors harass, intimidate, oppress, and arrest adverse possessors? Dr. Charles Lincoln, Harvard PhD in archeology and anthropology, and Chicago University Law School JD, advocates adverse possession generally, and has familiarity with the case of        Pastor Robinson. He explains the Government’s motive as he sees it.

“I see it as Economic jealousy and overzealous policing, pure and simple,” he said in an interview Sunday evening after the arrest. “Government has started penalizing these two innocent women for following Florida Law, filing notice of adverse possession in accordance with that law, and actually taking possession pursuant to the Constitutions and laws of the US and Florida, and beginning their process of improving the property. Robinson showed to the deputies the DR 452 Notice of Adverse Possession she had filed. The deputies had no legitimate purpose in arresting them merely for acting on their statutory and common law rights. Only the due process of an eviction proceeding can remove a person in peaceful possession of real property. Under Article I sections 1, 9, and 23 of the Florida Constitution, if no owner or owner agent is present to accuse you of trespassing or signs a trespass warning, law enforcers and prosecutors have no business intruding into the adverse possessor’s life.”

Pastor Sues Sheriff for Adverse Possession Harassment

Earlier last week, deputies confronted and harassed Pastor Robinson at a different home which she had        adversely possessed in September. In response Friday, Robinson filed a Declaratory Judgment lawsuit against the Sheriff and deputy harassers in the United States District Court for the Middle District of Florida in Tampa, case number 8:12-CV-2275-T-23MAP.

The lawsuit explains the nature of the harassment as abuse of civil rights guaranteed by the US Constitution, and the legal basis of the adverse possessor’s rights. The pleading recognized the egregious nature of such harassment against which most victims have little or no defense, owing to the high cost of legal assistance. It asks the court to declare Robinson’s rights with respect to adverse possession, and to enjoin the Sheriff and deputies to leave her alone, barring any court order or trespassing complaint from the actual owner.

Writ of Amparo Sought for Protection

The pleading also asks the court to craft a special “protection” for adverse possessors similar to the Writ of Amparo invented by Mexico jurists in the 19th Century to protect citizens from rampages by public officers under color of law. According to Dr. Lincoln, who advocates adoption of this famous writ, “Virtually all of South America, the Philippine Islands, Japan, Germany, Spain, and other European nations have adopted it to take up where the Writ of Habeas Corpus left off. Habeas only protects people falsely arrested or deprived of rights by construction of law. It does not apply to civil harassment. America desperately needs the Writ of Amparo to protect them. Americans should demand addition of the Writ of Amparo to US and all State constitutions.” See a history or Writ of Amparo orJuicio de Amparo in Wikipedia for more information. Also, refer to the lawsuit, attached hereto.

Public Attention Warranted

The course of Pastor Robinson’s lawsuit deserves notice by the Citizens of Florida and other states where law enforcers and government attorneys harass adverse possessors for no apparent good reason in spite of the good adverse possession does to owner and the community. Perhaps other adverse possessors will take heart from the courage of Pastor Robinson, file their own declaratory judgment lawsuits, and use the courts to force sheriffs to respect their rights. Even though Pastor Robinson might lose, she also might win, and that can become a “get-out-of-jail-free card” for adverse possessors around the state, particularly if her parishioners support it all the way to the Supreme Court.

Dr. Charles Lincoln said that he will take calls for the defendants because of his intimate understanding of the circumstances. For more information contact him at 310 978 7638 (phone/text).

# # #

Robinson v Gee-8-12-CV-2275-T-23MAP – Declaratory Judgment re Adverse Possession.pdf
Tampa Pastor Sues Sheriff for Adverse Possession Arrest .pdf

New Florida Adverse Possession Law of 22 June 2011

Introduction

You will find Florida’s new adverse possession law from Senate Bill 1142 below, signed into law by Governor Scot on 2 June 2011, at http://laws.flrules.org/. I have attached the pdf file, renamed for clarity, from this entry:

I have appended below the text from the enrolled bill, which I found at this web site:

http://www.flsenate.gov/Session/Bill/2011/1142/BillText/er/HTML

At this Department of Revenue site http://dor.myflorida.com/dor/property/forms/ you will find the new form DR-452 which County Property Appraisers must distribute for adverse possessors to register the adverse possession:

 DR-452 fillable pdf R. 01/10 Return of Real Property in Attempt to Establish Adverse Possession without Color of Title
View bulletin PTO 10-01: Return of Real Property in Attempt to Establish Adverse Possession without Color of Title, Form DR-452

Bob Hurt Rebuked the House and Senate for BAD LAW.

I wrote a strident rebuke of the Senate Bill when I discovered it late in March, 2011.

http://groups.google.com/group/lawmen/browse_thread/thread/89567bfd531b3878

http://bobhurt.blogspot.com/2011/03/florida-adverse-possession-bill-needs.html

I appended below the text of that rebuke, following the text of the SB 1142.

Bob Hurt’s New Rebuke of the Adverse Possession Law

Because of that rebuke and the fact that Governor Scott signed the SB 1142 into law, I also hereby rebuke the Governor and the new law.

Our AP (Adverse Possession) problem in Florida boils down to two simple realities:

  1. Civil, not Criminal. We inherited AP as a civil right, not merely a remedy, from English common law and statutory law (see Florida Statute 2.01).
  2. AP Benefits All. APers (Adverse Possessors) of realty abandoned in foreclosure do the owner, lender, community, government, and realty a huge favor, asking nothing in return but to enjoy the exercise of Florida Constitution’s Article I Section 23 right to privacy, to be let alone free of government intrusion into their lives. The law should acknowledge this and require a notice about the benefits to the owner(s) of record.
  3. 30 Days to File. The law should give the APer no more than 30 days to file a notice of adverse possession with the Property Appraiser.
  4. Notice to Owner, HOA, Sheriff, Mortgagee. The law should require the APer to provide notice to the owner, including any mortgagee or lienholder of record, the Home Owner’s Association, and the Sheriff, all of whom may ultimately a claim that can ultimately affect possessory rights. If the APer cannot find the owners for the purpose of serving notice of AP, the APer ought to publish notice for two weeks in a newspaper that publishes legal notices.
  5. Photo Initial Condition. The law should require the APer to provide photographic evidence on CD/DVD attached to the Notice of Adverse Possession. The evidence should include digital high resolution photographs or video recording of the realty and buildings on it, roofs, inside and out, every room, all trees, bushes, flowerbeds, fences, paths, paved driveways and walkways.
  6. Trespass Warning. The law should require the owner desiring to evict the APer to present the APer with a trespass warning that allows a minimum of 15 days and no more than 30 days for the APer to leave the AP realty in broom-clean condition. This right to present the trespass warning should have effect only for 30 days after the APer filed notice of AP with the County Property Appraiser and owners of record.
  7. APer Keep Journal. The law should require the APer to keep a journal of maintenance and improvement of the realty for the statutory limitation period. It should contain narrative descriptions of work scheduled and completed, and all fees and taxes and other expenditures paid. It should contain complete verified, receipted records of expenses of materials, time, labor (including that of the APer at average rates), taxes, government fees, inspections, and related expenditures.
  8. Taxes, Home Owner Association (HOA) Dues, Assessments. The APer should pay taxes, HOA dues, and government assessments related to the Realty. If the rightful owner or any other party pays these while the APer possesses the realty, the recipient must return the payment with a notice that the APer has already paid them.
  9. Writ of Possession. An owner may use the court order and a writ of possession to get the sheriff’s assistance in removing the APer.
  10. APer Pay Eviction Cost. The APer should pay for the cost of evicting the APer who does not willingly leave the realty after receiving a trespass warning, but not for any costs related to issuing trespass warning.
  11. Photo Exit Condition. The law should require the APer to provide photographic evidence of the condition of the realty immediately prior to final exit from it.
  12. Owner Photo Entry Condition. The law should require the owner to make photographic evidence of the condition of the realty upon regaining possession from the APer. In the absence of such evidence, the APer’s exit photos shall be deemed factual.
  13. Owner Pays APer’s Costs after Eviction. The owner should pay for all of the APer’s verified expenditures, including hourly rate for labor, for improvements to the property, and for taxes and other liens and assessments paid, and the APer should have the right to file a lien against the property for those amounts, subject to the owner’s court challenge for padding the bill, prevailing party having entitlement to attorney fees and costs.
  14. No More Bogus Arrests of APers. Florida Sheriffs arrest APers under the pretense of arresting them for grand theft, burglary, breaking and entering, criminal mischief, and fraud. The law should punish sheriffs for such harassment.
  15. Aggressive Government Protection of APer’s Rights. Government has the obligation to protect adverse possessors against all aggressors who would interfere with their possessory dominion of the AP realty (including the Sheriff) with one exception only – the owner of record.
  16. Supreme Action. The Florida Supreme Court should strike down the Sheriff’s and Legislature’s every effort to limit or criminalize AP under the guise of protecting realty owners’ rights. Adverse Possessors have become the state’s new “niggers.” They deserve every bit as much protection of their civil rights as did America’s former slaves and descendants of slaves and former slaves. However, no NAACP or SPLC exists to defend their rights or push for legislation to protect them. So, the Florida Supremes ought to protect them, particularly from spurious arrest by sheriffs who accuse them of grand theft, the realty equivalent of “driving while black.”

Text of Florida Senate Bill 1142 as enrolled:

ENROLLED


2011
Legislature
SB 1142

20111142er

1

2 An act relating to adverse possession; amending s.

3 95.18, F.S.; specifying that occupation and

4 maintenance of property satisfies the requirements for

5 possession for purposes of gaining title to property

6 via adverse possession without color of title;

7 requiring a person seeking property by adverse

8 possession to use a uniform adverse possession return

9 provided by the Department of Revenue; requiring the

10 property appraiser to notify the owner of record of an

11 adverse possession claim; requiring that a person

12 claiming adverse possession attest to the truthfulness

13 of the information provided in the return under

14 penalty of perjury; authorizing the Department of

15 Revenue to adopt emergency rules; requiring that the

16 property appraiser add certain information related to

17 the adverse possession claim to the parcel information

18 on the tax roll and prescribing conditions for removal

19 of that information; prescribing procedures and

20 requirements for adverse possession claims against a

21 portion of an identified parcel or against property to

22 which the property appraiser has not assigned a parcel

23 number; requiring the property appraiser to include a

24 notation of an adverse possession filing in any

25 searchable property database maintained by the

26 property appraiser; amending s. 197.212, F.S.;

27 excluding property subject to adverse possession

28 claims without color of title from provisions

29 authorizing the tax collector not to send a tax notice

30 for minimum tax bills; creating s. 197.3335, F.S.;

31 requiring the tax collector to determine whether a

32 duplicate tax payment is made by an adverse possessor;

33 providing for priority of tax payments made by an

34 owner of record who is subject to an adverse

35 possession claim; providing for a refund of tax

36 payments under certain conditions; providing for

37 retroactive application of certain provisions

38 governing procedures for administering a claim of

39 adverse possession and establishing tax priority for

40 owners of record; providing an effective date.

41

42 Be It Enacted by the Legislature of the State of Florida:

43

44 Section 1.Section 95.18, Florida Statutes, is amended to

45 read:

46 95.18Real property actions; adverse possession without

47 color of title.—

48 (1)When the occupant has, or those under whom the occupant

49 claims have, been in actual continued occupation of real

50 property for 7 years under a claim of title exclusive of any

51 other right, but not founded on a written instrument, judgment,

52 or decree, the property actually occupied is
shall be held

53 adversely if the person claiming adverse possession made a

54 return, as required under subsection (3), of the property by

55 proper legal description to the property appraiser of the county

56 where it is located within 1 year after entering into possession

57 and has subsequently paid, subject to s. 197.3335, all taxes and

58 matured installments of special improvement liens levied against

59 the property by the state, county, and municipality.

60 (2)For the purpose of this section, property is
shall be

61 deemed to be possessed if the property has been
in the following

62 cases only:

63 (a)When it has been Protected by substantial enclosure;.

64 (b)When it has been usually Cultivated or improved in a

65 usual manner; or.

66 (c)Occupied and maintained.

67 (3)A person claiming adverse possession under this section

68 must make a return of the property by providing to the property

69 appraiser a uniform return on a form provided by the Department

70 of Revenue. The return must include all of the following:

71 (a)The name and address of the person claiming adverse

72 possession.

73 (b)The date that the person claiming adverse possession

74 entered into possession of the property.

75 (c)A full and complete legal description of the property

76 that is subject to the adverse possession claim.

77 (d)A notarized attestation clause that states:

78 UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ

79 THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT

80 ARE TRUE AND CORRECT.

81 (e)A description of the use of the property by the person

82 claiming adverse possession.

83 (f)A receipt to be completed by the property appraiser.

84

85 The property appraiser shall refuse to accept a return if it

86 does not comply with this subsection. The executive director of

87 the Department of Revenue is authorized, and all conditions are

88 deemed met, to adopt emergency rules under ss. 120.536(1) and

89 120.54(4) for the purpose of implementing this subsection. The

90 emergency rules shall remain in effect for 6 months after

91 adoption and may be renewed during the pendency of procedures to

92 adopt rules addressing the subject of the emergency rules.

93 (4)Upon the submission of a return, the property appraiser

94 shall:

95 (a)Send, via regular mail, a copy of the return to the

96 owner of record of the property that is subject to the adverse

97 possession claim, as identified by the property appraiser’s

98 records.

99 (b)Inform the owner of record that, under s. 197.3335, any

100 tax payment made by the owner of record before April 1 following

101 the year in which the tax is assessed will have priority over

102 any tax payment made by an adverse possessor.

103 (c)Add a notation at the beginning of the first line of

104 the legal description on the tax roll that an adverse possession

105 claim has been submitted.

106 (d)Maintain the return in the property appraiser’s

107 records.

108 (5)(a)If a person makes a claim of adverse possession

109 under this section against a portion of a parcel of property

110 identified by a unique parcel identification number in the

111 property appraiser’s records:

112 1.The person claiming adverse possession shall include in

113 the return submitted under subsection (3) a full and complete

114 legal description of the property sufficient to enable the

115 property appraiser to identify the portion of the property

116 subject to the adverse possession claim.

117 2.The property appraiser may refuse to accept the return

118 if the portion of the property subject to the claim cannot be

119 identified by the legal description provided in the return, and

120 the person claiming adverse possession must obtain a survey of

121 the portion of the property subject to the claim in order to

122 submit the return.

123 (b)Upon submission of the return, the property appraiser

124 shall follow the procedures under subsection (4), and may not

125 create a unique parcel identification number for the portion of

126 property subject to the claim.

127 (c)The property appraiser shall assign a fair and just

128 value to the portion of the property, as provided in s. 193.011,

129 and provide this value to the tax collector to facilitate tax

130 payment under s. 197.3335(3).

131 (6)(a)If a person makes a claim of adverse possession

132 under this section against property to which the property

133 appraiser has not assigned a parcel identification number:

134 1.The person claiming adverse possession must include in

135 the return submitted under subsection (3) a full and complete

136 legal description of the property which is sufficient to enable

137 the property appraiser to identify the property subject to the

138 adverse possession claim.

139 2.The property appraiser may refuse to accept a return if

140 the property subject to the claim cannot be identified by the

141 legal description provided in the return, and the person

142 claiming adverse possession must obtain a survey of the property

143 subject to the claim in order to submit the return.

144 (b)Upon submission of the return, the property appraiser

145 shall:

146 1.Assign a parcel identification number to the property

147 and assign a fair and just value to the property as provided in

148 s. 193.011;

149 2.Add a notation at the beginning of the first line of the

150 legal description on the tax roll that an adverse possession

151 claim has been submitted; and

152 3.Maintain the return in the property appraiser’s records.

153 (7)A property appraiser must remove the notation to the

154 legal description on the tax roll that an adverse possession

155 claim has been submitted and shall remove the return from the

156 property appraiser’s records if:

157 (a)The person claiming adverse possession notifies the

158 property appraiser in writing that the adverse possession claim

159 is withdrawn;

160 (b)The owner of record provides a certified copy of a

161 court order, entered after the date the return was submitted to

162 the property appraiser, establishing title in the owner of

163 record;

164 (c)The property appraiser receives a certified copy of a

165 recorded deed, filed after the date of the submission of the

166 return, from the person claiming adverse possession to the owner

167 of record transferring title of property along with a legal

168 description describing the same property subject to the adverse

169 possession claim; or

170 (d)The owner of record or the tax collector provides to

171 the property appraiser a receipt demonstrating that the owner of

172 record has paid the annual tax assessment for the property

173 subject to the adverse possession claim during the period that

174 the person is claiming adverse possession.

175 (8)The property appraiser shall include a clear and

176 obvious notation in the legal description of the parcel

177 information of any public searchable property database

178 maintained by the property appraiser that an adverse possession

179 return has been submitted to the property appraiser for a

180 particular parcel.

181 Section 2.Section 197.212, Florida Statutes, is amended to

182 read:

183 197.212Minimum tax bill.—On the recommendation of the

184 county tax collector, the board of county commissioners may

185 adopt a resolution instructing the collector not to mail tax

186 notices to a taxpayer if
when the amount of taxes shown on the

187 tax notice is less than an amount up to $30. The resolution

188 shall also instruct the property appraiser that he or she may

189 shall not make an extension on the tax roll for any parcel for

190 which the tax would amount to less than an amount up to $30. The

191 minimum tax bill so established may not exceed an amount up to

192 $30. This section does not apply to a parcel of property that is

193 subject to an adverse possession claim pursuant to s. 95.18.

194 Section 3.Section 197.3335, Florida Statutes, is created

195 to read:

196 197.3335Tax payments when property is subject to adverse

197 possession; refunds.—

198 (1)Upon the receipt of a subsequent payment for the same

199 annual tax assessment for a particular parcel of property, the

200 tax collector must determine whether an adverse possession

201 return has been submitted on the particular parcel. If an

202 adverse possession return has been submitted, the tax collector

203 must comply with subsection (2).

204 (2)If a person claiming adverse possession under s. 95.18

205 pays an annual tax assessment on a parcel of property before the

206 assessment is paid by the owner of record, and the owner of

207 record subsequently makes a payment of that same annual tax

208 assessment before April 1 following the year in which the tax is

209 assessed, the tax collector shall accept the payment made by the

210 owner of record and refund within 60 days any payment made by

211 the person claiming adverse possession. Such refunds do not

212 require approval from the department.

213 (3)For claims of adverse possession for a portion of a

214 parcel of property as provided in s. 95.18(5), the tax collector

215 may accept a tax payment, based upon the value of the property

216 assigned by the property appraiser under s. 95.18(5)(c), from a

217 person claiming adverse possession for the portion of the

218 property subject to the claim. If the owner of record makes a

219 payment of the annual tax assessment for the whole parcel before

220 April 1 following the year in which the tax is assessed, the tax

221 collector shall refund within 60 days any payment previously

222 made for the portion of the parcel subject to the claim by the

223 person claiming adverse possession.

224 Section 4.This act shall take effect July 1, 2011, and

225 applies to adverse possession claims in which the return was

226 submitted on or after that date, except for the procedural

227 provisions governing the property appraiser’s administration of

228 adverse possession claims included in s. 95.18(4)(c) and (d) and

229 (7), Florida Statutes, and the provisions governing the payment

230 of taxes included in s. 197.3335, Florida Statutes, as created

231 by this act, which apply to adverse possession claims for which

232 the return was submitted before, on, or after that date.

Approved by the Governor June 2, 2011.

Filed in Office Secretary of State June 2, 2011.

Ch. 2011-107 LAWS OF FLORIDA Ch. 2011-107

CODING: Words stricken are deletions; words underlined are additions.

Bob Hurt Comments Regarding the BAD LAW in March 2011

SUNDAY, MARCH 27, 2011

Florida Adverse Possession Bill – Needs Work, Badly

Concerning Adverse Possession Bills:

THIS LINK LISTS ALL THE LEGISLATIVE ACTION ON AP AS OF 27 MARCH 2011

HTTP://E-LOBBYIST.COM/GAITS/SEARCH?STATE=ALL&KEYWORD=ADVERSE+POSSESSION

SENATE BILL S1142  HTTP://E-LOBBYIST.COM/GAITS/VIEW/280493

HOUSE BIL H0927 HTTP://E-LOBBYIST.COM/GAITS/FL/H0927

Senate Bill Text http://e-lobbyist.com/gaits/text/182024

Dear Florida Senator Paula Dockery:

I know you have not met me, but I have a lot of friends in your district.  Some of them have fallen victim to sheriff deputies persecuting people who do adverse possession.  A few years ago I retired from the computer industry.  Since then I have devoted myself to study and writing about law.  I write about the Adverse Possession changes you and and Rep Roberson sponsored.   I want you to change your bill to improve it.

S1142, as written, constitutes a bad law because it wastes resources and fixes no problem.  Given the time involved, people who lose realty to Adverse Possession (AP) deserve it for gross dereliction (not putting the land to its highest, best use).  Your bill does nothing to improve that hard, cold reality.

The bill appear to me to flail arms at a ship that left port 600 years ago.  It has ignored the problems that really need fixing.

For one example, see the latest census report.  Florida has 1.6 million vacant residences (18%), largely because owners in foreclosure abandon them and people cannot afford to buy.  Meanwhile all families displaced by foreclosure in Florida desperately need a place to live, and AP could solve that, even if everyone knows it as merely a temporary solution.

Unfortunately, irresponsible people (as occupants in AP houses) can quickly ruin a nice house in a decent neighborhood, but most of them haven’t the moxy to take the place by AP.  Instead, slick operators sometimes AP homes for a fast buck.  If anything, the law should fix that by making them more accountable for damage to the place if they put occupants in it.

I shall make the following comments to everyone I can.  The bill is bad for the following reasons.  I also provide ways to make it good, and leave issues open for discussion.

———————–

I find lots of action in Florida’s legislature regarding adverse possession (AP).  Senate Bill, S1142 and House Bill H0927, below, seek to change the rules.  I agree with a couple, disagree strenuously with the rest, and have proposals the bills don’t address:

  1. APer must swear to return under PoP.  This makes no sense because Making a false official statement already constitutes a second degree misdemeanor, and the state needs no more serious  penalty than that to dissuade falsifying the return.   See F.S. 837.06False official statements.—Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  2. Standardized Dept of Revenue AP form – ok
  3. Prop Appraiser informs rightful owner.  Unduly burdensome on government (taxpayers).  People ought to care for their own property through routine inspection.  The statute of limitations runs for seven full years.  During this time, any tax payment by the owner restarts the AP clock, so the diligent owner suffers no risk.  Furthermore, many owners who otherwise would not care and who abandoned the property anyway, such as because of foreclosure, will simply get jealous and protest for that reason alone, causing unnecessary trouble and expense for the AP and occupant.  By this measure the Legislature intentionally stirs up trouble needlessly, TO NOBODY’s BENEFIT and to everybody’s detriment.  AP becomes vitally important as a means of housing the millions of homeless in the 1.6 million vacant Florida residences.  This notification interferes with that, to no good end.  It hurts the community and the state.  If the state requires notice to the owner of AP, then it ought to force the owner to remain in the property throughout foreclosure, so the property does not become run down from neglect and become a danger to the community (drug dealer houses) and future occupants (mold and mildew) and reduce community property values.
  4. Put information of AP on the tax roll – ok
  5. Authorizing tax collector not to send a notice of minimum tax due on AP without color of title – absolutely not.  THe tax collector thereby cheats the APer out of proper notice in the transparent hope that the APer will forget to pay the taxes when due, and thereby drag out the AP process.  APers clearly stand subject to property tax.  APers have the right to a notice through tax bill just like owners of record do.  After all, filing the AP return provides RECORD of adverse interest in the property, and only a court can sort out the various factors and decide the rightful owner.  The tax collector has no business interfering in this or stirring up trouble.
  6. Giving owner priority (over APer) of right to pay tax.  Absolutely not.  The County offers all kinds of incentives to people for paying property taxes early, and the APer should have that same right to save by early payment.  Whoever makes payment first after the first notice of tax due or of opportunity for early payment discount gets credit for making that payment.  The law should require that if the APer pays the tax first.  After all, this tax thing runs for SEVEN YEARS.  The sincere owner can pay the tax first NEXT year.
  7. The law should stipulate that every time the owner pays tax first, it restarts the statute of limitations clock, but ONLY IF the owner repays tax plus standard interest to the APer for all the years the APer paid first.  The law should favor the one who pays taxes when due, or when noticed in case of an early pay discount.  Remember why AP happens.  The owner has become derelict  and has refused to put the land to its highest, best use, the ultimate benefit of land ownership to the society.  Remember also that eminent domain proves people don’t really have a solid RIGHT to realty, even after they spend their money on it and keep it in the family for hundreds of years.  In keeping with this principle, government has the right to determine the highest best use of realty, and without question, leaving farmland fallow for a decade or a house abandoned for years does NOT benefit the community or put the land to good use.  Generally, the APer does what the owner refuses to do, so the government should reward the APer for this by facilitating, not hindering the AP.
  8. The law should require the tax collector to send tax notices both to the owner of record AND the APer.
  9. The law should clarify the PURELY CIVIL nature of AP and make the sheriff leave APers and their guests/tenants ALONE, and not falsely accuse them of theft, fraud, b&e, burglary, and other crimes in order to defeat the AP.  The law should impose a penalty on any law enforcer who harasses an APer or occupant.  In other words, the law should specifically exclude the APer from claim of trespass, B&E, criminal mischief,  burglary, and fraud in connection with the AP so long as the APer does not destroy, steal, or dispose of the realty or parts of it.  It should declare that disposal of trash, junk and chattel remaining behind in abandoned realty does not constitute a crime.  Perhaps the law should require the APer to conduct a thorough and itemized inventory of the remaining chattel and give the owner notice and opportunity to collect or remove it.  It should make provision for abandoned realty, how to determine the owner abandoned it.  What if the owner left a chair or radio behind, or tools in the shed?  What obligation does the APer have to care for and store them?  The bill does not deal with any of these crucial questions.  I believe it makes sense to address the point by declaring that chattel remaining in an abandoned, untended realty becomes the property of the APer.  People should understand the law of AP and the consequences of abandonment.
  10. In the AP return, require the APer to stipulate the intention to occupy or not occupy the realty.  If not occupy, the APer must stipulate the intended use (such as to rent it out to others).  The AP non-occupant must specify a domicile in Florida for legal service and a number to contact in the event of an emergency.  The law must hold the APer liable for all damage to the property through negligence or intent (other than acts of vandals or other damage beyond the APer’s control).  THe law could require the APer to show proof of financial responsibility AND have a bond, like automobile drivers must have.  The law might require an APer to pass a certification test on the proper care and maintenance of a residence.  The state could concoct an AP license and require it of all professional APers (who rent/sublet the place to others).

As for some real-life issues, see my blog at http://bobhurt.blogspot.com.  Note the articles on AP.  In particular, look for Joel McNair.  I have shown there the full documents proving that Sheriff deputies lied in Probable Cause Affidavits they used to get a phony warrant for his arrest.  He had 60 houses in AP at the time and now has upwards of 100.  The Deputies of Hillsborough, Manatee, Pasco, and Sarasota have harassed his “members” and told them not to pay him.  This means he cannot pay the taxes and other fees and expenses of maintenance.  He sends a crew around to mow and maintain the properties for them, so as to make certain that thay son’t trash the place.  He has to receive the money in order to afford that service.

Consider these very recent arrests, apparently a declaration of war by Sheriffs against APers:

Sarasota County deputies arrested Joel McNair, twice charging him with grand theft and scheme to defraud, FOR HELPING HOMELESS PEOPLE GET A PLACE TO LIVE.

Polk County Sheriff Grady Judd ordered the warrantless arrest of Derrick Hannah for burglary in Lakeland for AP of the house he lived in for a month, and took him away in the midst of trimming his hedges.

Marion County deputies arrested Pastor and former deputy Roosevelt Mitchell for criminal mischief while he painted his AP house which the owner had abandoned at least 6 months earlier.

Pasco County deputies arrested APer Shalonda Allen of Land O Lakes, accusing her of  grand theft.

Hillsborough County deputies arrested APer George Williams of Plant City for fraud.

None of these arrests dealt with the core issue of otherwise homeless people living in decent houses the owners had abandoned.

This law needs to FIX the problems, not by persecuting men like those above and his members, but by persecuting deputies and sheriffs who arrest people like Joel McNair on bogus criminal charges.

PLEASE, Use your influence to Fix this defective bill

PLEASE, Use your influence to Fix this terrible bill

Bob Hurt bh  BlogEmail  f

2460 Persian Drive #70 Clearwater, FL 33763 USA
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