This is a copy of a letter I sent to Sherman Balch of the Florida Defence Team who at the last moment studied my case and prepared a Oposition Motion. 

Sherman;

I went to the Summary Judgement  hearing 07/14/2007. in front of  Judge Anthony Rondolino My head was spinning for two days. I wrote for three days a accounting of what was said and done, to post on my website and comment area on Living lies and to send you a copy. I lost the thousand word work, because windows had to shut down.

Short version.

I could tell by the way the judge was shifting papers that had had not read any of it. Far from acting as my advocate, he goes on attack stating that I borrow $100,000.00 and now I don't want to pay it back? I replied that I wanted to make sure it was paid to the proper party's. He was not impressed. I brought up the subject of the Opposition to Plaintiffs Motion for Summary Judgment. He looks through his pile of papers and said he could not find it. He asked the Plaintiffs Attorney if she had received the papers Sarah Barbaccia Fl Bar #30043 she said that she had not. My wife went with me to the post office to mail them at 2.30pm on July 1. I don't know how much the shock showed on my face. I could not call the judge a liar,or his staff incompetent. All I could do was state to the judge that I had mailed these on July 1, and handed my copy to him. He reads the title and Statement of Facts then glances down and blurts out "unclean hands, rescind the transaction?" Did you return the money you borrowed? I replied that I had not, and before I can say they had not returned my payments. He started lecturing me how this is not high school where you can say YEA WHAT HE SAID and get a grade. Where do you get this motion? I told him that it was prepared by a legal defense group. He handed it back to me and stated it was undated. I looked it over and saw that I had accidentally placed two pages of other doc's with it, and showed him the date at the certificate of service. I the brought up the matter of the Notice Required by the Fair Debt Collection Practices Act that if I disputed the debt, that they would suspend collection efforts, obtain verification of the debt and a copy would be mailed to me. I asked the judge if claiming fraud disputed the debt? Whats that filed on? I flipped the papers over and showed that it was on the Lis Pendens. He looks over her papers, and asked her if she had filed the assigns? She replied "Aren't they with the papers? He launched back into me again and said " So your argument is that your mortgage is transferred from one party to another? This is allowed for servicers to transfer to different party's". I stated that I did not see how  my deed that is listed with quick loan funding/MER'S be foreclosed on by Liquidation Properties? as with most of my questions it went unanswered. I then asked about the note. "We have a copy of the note" he loudly states, and hands me a copy. I look it over carefully, slowly, and said that I would be happy to provide the plaintiffs a copy of some money if they would like.

"You will have to file the assigns, hearing is postponed". He said it so fast that the attorney on the phone had to ask what he had said.  He then told me that I should hire a lawyer or spend some time at the law library and that my wife and my son needed to file separately. We nodded and was getting up and leaving when the judge asked one more question " So you don't think you owe anything?" I replied that I might owe, but not to them.

So now I wait for the plaintiffs to file there assigns. I told the judge at the beginning that I intended to fight when he asked me what I was going to do about this. But it is going to be tuff to win when a judge don't have the time to read the papers. This judge has a lot of experience. A t first I thought that this could work to my advantage. However I thought the judge with a Pro Se defendent would at least let the plantiffs attorney ask the questions, her only words was stating her ID, "Aren't they with the papers" and "What did you say?"

I need to find the best way to challange the assignments. If anyone can offer advice I would be gratefull.