In the event that a disclaimer is needed: Political advertisement paid for and approved by Christian Meister, no party affiliation,

for Lee County Sheriff

Christian MeisterPO Box 60662, Fort Myers, FL 33906
www.meisterforsheriff.commeisterforsheriff@gmail.com786.390.4985

Page 1 of 3 candidate-capacity-2200-45

UPON RECORDING RETURN TO:
CHRISTIAN MEISTER
PO BOX 60662, FORT MYERS, FL 33906
October 27, 2010
Circuit Chief Judge G. Keith Cary
Lee County Justice Center
1700 Monroe Street
Fort Myers, Florida 33901-3071

Dear Honorable Circuit Chief Judge G. Keith Cary:

This letter is in regard to the recent mortgage foreclosures. As a Sheriff candidate and on behalf of the people of
Lee County in the State of Florida, as a matter of public interest, I state, as follows:
It would behoove you as the chief judge of the five-county circuits to stop all mortgage foreclosure proceedings in
all cases involving Mortgage Electronic Registration Systems (MERS) and in all cases involving the absence of an
original note because of the fraud involved, including, but not limited to, the backdating of MERS mortgage
assignments.
Judges have the authority to act sua sponte. If you take a moment to Google (or do a Westlaw search, if you will)
Judge Schacks New York* decisions, you will locate not only an ample number of frauds on the court stopped by him
but also a character who has fully exploited the advantage of the fact that judges have the power to act sua sponte. It
seems that Judge Schack is interested in the welfare of the people before him. He has attempted to stop the frauds on
the courtsattorneys and banking witnesses are lying to the judges, and they are filing fabricated documents in the
courtand has reduced the mortgage foreclosure case loads also. He has accomplished this not by kicking out home
owners (as it is, in my opinion, the practice in Lee County) but by scrutinizing sua sponte the documents that are being
filed in court, going as far as dismissing with prejudice the banks' legal complaints in light of the apparent frauds where
home owners are failing to file an answer (motion to dismiss or answer with affirmative defenses, if you will).
I have not seen Judge Schacks efforts recognized in media. However, I will make an attempt to show my gratitude
to this man who, in my opinion, is a hero for taking judicial action (sua sponte) against those who have failed to prove
by admissible evidence legal standing in a court of law.
You see, my job, if elected as Sheriff, is to ensure that all public officials in Lee County are working on behalf of the
people of Lee County and that all laws be followed. As the senior law enforcement executive to-be in Lee County, I am
gravely concerned that things are not going as they should in our courts and that we are heading for a disaster of
enormous calamity.
To give one example, in Judge Thompsons court room in Lee County there is a foreclosure mill operation, and it is
being run by a law firm located in Fort Lauderdale (Ben-Ezra & Katz P.A.). It appears that Mr. Ben-Ezra is in charge of
the court and not the judge, i.e., Judge Thompson confers (in an October 2010 hearing) with an unrelated-to-a-
proceeding foreclosure attorney (Ben-Ezra) as to how he (the judge) should rule in a case where Ben-Ezra has neither
been hired by the plaintiff (bank) nor by the defendant (homeowner) and where neither the banks attorney nor the
homeowners attorney (who had been presenting their legal arguments per each side) were authorizing Ben-Ezra to
speak on their behalf on that day in court or to participate during the hearing on that given day in Judge Thompsons
court room. Here, Judge Thompson confers with Ben-Ezra in order to obtain his (Ben-Ezras) opinion without making
the attempt to seek the permission of the bank's attorney or, far worse, the permission of the homeowner's attorney
(thereby unduly prejudicing the defendant homeowner). The situation in which the judge asks the unrelated-to-the-

In the event that a disclaimer is needed: Political advertisement paid for and approved by Christian Meister, no party affiliation, for Lee County Sheriff

Christian MeisterPO Box 60662, Fort Myers, FL 33906
www.meisterforsheriff.commeisterforsheriff@gmail.com786.390.4985

Page 2 of 3 candidate-capacity-2200-45
case foreclosure attorney Ben-Ezra what Ben-Ezra, in his opinion and in his experience, would do in the case before
the bar or how he would rule pertaining thereto creates an appearance that the judge is compelled to side with the
bank.
When, in a separate case, a home owner, proceeding pro se, questions the judge as to on the basis of which rule of
the Florida Rules of Civil Procedure or on the basis of which case law the home owners motion is denied, Judge
Thompsons response would be (as it was): no rule; no case law; it is my opinion.
In no mortgage foreclosure court should a judge or magistrate be asking whether the homeowner is behind with
his or her mortgage payment; rather, the judge or magistrate should ask whether all five (or whatever the necessary
number) of the required elements of the pertaining mortgage foreclosure law are factually supported as a condition
precedent to initiate litigation. If indeed judges and magistrates feel compelled to ask whether the homeowners are
behind with their mortgage payments, the judges would, at this point, also be required to ask whether the suing party
financial institution is the owner or the holder of the mortgage and whether the suing party bank is the owner or holder
of the promissory note. To ask the homeowner whether he or she is behind in his mortgage payment, without more,
creates the appearance of bias because it is indeed the law that the note and mortgage must be held by the suing
party. No judge or magistrate can avoid the law by making an inquiry which appears to be favoring the suing party
bank. Any questioning by a judge or magistrate must, in this context, always reflect or be supported by a tone and
rationale that it is not the homeowner who is, pre-determined, the guilty party but that it is the suing party who is
responsible for proving up all five required elements of law and do so regardless of any of the judge's political
motivation or discriminatory animus by which the judge or magistrate might be limited in his or her fair adjudication of
the litigation. There would hardly be a 60-second rocket docket court in Lee County, Florida, if indeed the judges and
magistrates would stop assuming that the home owner is guilty as charged. Let's stop siding with the suing party
banks and their foreclosure mill attorneys and let's get with the law.
As I am certain you have heard through media, financial institutions are now statingall of a suddenthat they are
now going to investigate in these areas where the supposed faulty paper work is involved and take any necessary
corrective action. However, had these financial institutions owned and/or possessed the correct paperwork to begin
with, they would not need to investigate.
The mortgage foreclosure mills could notas they have done through their very own law firm employeessign
mortgage assignments, given that these mills were lacking the legally necessary authorization. These foreclosure
mills could not assign mortgages (but did unlawfully assign) after the commencement of the foreclosure litigation. As
to the promissory notes, one could not fabricate a copy promissory note in lieu of the original note in that these notes
are bearer instruments which can be bought and sold. Further, the foreclosure mills could not now and suddenly be
capable of locating the correct paper work. In short, if these institutions had the legally required documents to begin
with, they would have presented them in court on day one. They did not.
Short of providing an advisory opinion, I urge you to act in the interest of the public and do it in a timely manner.
Let's not wait until our federal government, pending its current investigations, declares a permanent moratorium on all
mortgage foreclosures. Lets take sua sponte action at once in order to keep the hardworking families and their
children intact and in their homes without further delay.
To continue judicial activities in favor of the financial institutions involving the herein stated factors would be to be in
complicity with the fraud that has taken place. Judges and magistrates under your care might not be protected under
the exclusion clause (absolute immunity) under these perilous circumstances. Knowledge of any of the continuation of
these frauds upon the court could constitute omission and/or commission. To elaborate: The ex parte private
conversation between a bank's attorney and a judge (as observed during an October 2010 mortgage foreclosure
hearing in Lee County, Florida), i.e., the judge, according to one Lee County resident, is covering the microphone with
his hands, i.e., the home owner, who is proceeding without an attorney, is required to stand approximately twenty (20)
feet at a distance from the judge while the bank's attorney is permitted to present his legal arguments at a distance of
about three (3) feet from the judge, i.e., both the bank's attorney and the judge are speaking in hushed tones, gives
the appearance of corruption and/or the appearance of an inability to be impartial.
It is a well-known fact that magistrates or judges involved in any impropriety in proceedings which involve fraud lose
their immunity and are putting themselves in jeopardy of losing their retirement funds and their personal, worldly
possessions.

In the event that a disclaimer is needed: Political advertisement paid for and approved by Christian Meister, no party affiliation, for Lee County Sheriff

Christian MeisterPO Box 60662, Fort Myers, FL 33906
www.meisterforsheriff.commeisterforsheriff@gmail.com786.390.4985

Page 3 of 3 candidate-capacity-2200-45
The solution is relatively simple: Step up to the plate and act sua sponte. Also, I urge that judges and magistrates,
especially those situated in Lee County who have created an appearance that they are not aware of the Florida
Supreme Courts early 2010 decision or those who ignore the Florida Supreme Courts decision, especially in cases
where home owners are explicitly requesting (mandatory) verification but are being ruled against by judges and
magistrates, begin to vehemently enforce the Supreme Courts rule and require that all complaints (shall) be verified
without exception. It is a great disservice to the community and a disgrace where a judge or magistrate is unaware of
the Florida Supreme Courts mandatory verification ruling. This verification requirement gives the foreclosure mill
attorneys pause, and they had better think twice about lying under the penalty of perjury about the facts as they pertain
to the promissory note and the assignment of mortgage and the chain of custody thereof. Also, may I suggest that the
courts under your jurisdiction require that all mortgage foreclosure complaintsregardless of their date of filingbe
retroactively verified, inclusive of those complaints which are amended?
Furthermore, the Florida Rules of Civil Procedure are not a guideline as to how judges and magistrates should
conduct themselves in a court of law, but it is necessary that judges and magistrates adhere to these Rules and not
operate outside of them, i.e., Judges and magistrates are not permitted to pick and choose which rule of the Florida
Rules of Civil Procedure to follow, i.e., judges and magistrates are not permitted to selectively peruse these Rules to
see how many can be abused or bent for the benefit of the plaintiff or the defendant.
I predict that in the foreseeable future thousands upon thousands of home owners will begin to make legal
demands against those who conspired against them and who aided, knowingly or otherwise, the suing party (financial
institution) to defraud these home owners. It will also be the case that purchasers of so-called cheap deal
foreclosure homes will, I light of the frauds involved, begin to assert their legal rights as the previously evicted home
owners will begin to make legal demands in an attempt to regain the homes they had previously occupied, also being
due to the fact that both the purchasers and the previously evicted home owners were relying in good faith on the
circuit court judges faulty (summary) judgment orders. This might also require that title insurance firms pay out
millions of Dollars to investors who, in reliance of these unlawful orders, had gobbled up the supposedly cheap
foreclosed homes. Last but not least, we are going to hear from angry home owners who were evicted by a Sheriff who
has failed to recognize that these eviction orders were grounded on fraud.
The actions or inactions the circuit court judges, magistrates, and youas the five-county circuits chief judge
take, will predicate the well-being of the people of Lee County, affect the economic state of our County, and impact the
County's financial position for years to come. In other words: We are looking at a broken County with a broken budget
and an underfunded Sheriffs Office faced with the frightening prospect of being incapable of providing peace of mind
to the residents and homeowners..
On behalf of the people of Lee County, I urge you in my capacity as candidate for the executive office responsible
for all law enforcement activities and the security of this county to instruct magistrates and judges to refrain from any
judicial participation which might cause harm. Given any incorrect action taken today, I fear that immunity standards
might be revisited, causing havoc to the judiciary, and that the peoples confidence in the judiciary will be tattered.
In lieu of providing an advisory opinion for direction to the Lee County Circuit Court, I request that the courts under
your guidance take the immediate corrective action due the people of Lee County.
I do hope my writing serves you well and the people of Lee County. I look forward to hearing from you at the
address provided below.
Sincerely,
Christian Meister
Lee County 2012 Sheriff Candidate
CC: Local and national media
*I also point you in the direction of a certain attorney in Fort Lauderdale, Florida (Kenneth Trent) who has filed a class
action lawsuit against the notorious foreclosure mill attorney David J. Stern who certainly has left his mark upon
thousands of home owners' properties throughout the State of Florida. I also was informed that Stern, who owns both
a foreclosure mill and a title insurance firm, would foreclose on properties but would not provide title insurance on the
same properties on which he was foreclosing. The damages, as alleged in the class action law suit, amount to $7.5
billion, including statutory triple damages. This goes to show the extent of the fraud, as alleged. See IGNACIO
DAMIAN FIGUEROA, on behalf of himself and others similarly situated v. MERSCORP, INC., a foreign corporation;
LAW OFFICES OF DAVID J. STERN, P.A., a Florida professional association; and DAVID J. STERN, individually; in
the U.S. District Court, Southern District of Florida; Case number 0:10-cv-61296-CMA; complaint filed on 7/26/2010.