OUTRAGEOUS! Foreclosure Rocket Docket Judge Entering Final Judgments Against Homeowners BEFORE Hearings

Talk about being GUILTY until proven innocent…

This has to be one the the most egregious things I have heard throughout this foreclosure crisis and the theft of Americas Homes. It’s one thing for the banks and Foreclosure Mills to game the system with fake, forged documents and unfair and deceptive business practices, but now to hear more and more Judges, elected Judges, are pulling the types of shenanigans as discussed below is OUTRAGEOUS.

This just in From Mark Stopa…

When do judges decide who wins a foreclosure case?

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Some excerpts from his alarming report…

Yesterday, I had an experience in court that has absolutely rocked my world, causing me to wonder:

When do judges decide who wins a foreclosure case?

Do they evaluate each case on the merits?  Or do judges see “foreclosure case” and automatically decide, in their minds, that the bank is going to win (but refrain from announcing such until entry of final judgment)?  In other words, is the outcome of these cases predetermined by some judges?  As a zealous advocate for homeowners, I’d certainly like to think not – particularly in cases where judges see my name.  After all, I’ve been in courtrooms throughout Florida for a long time now, fighting to help homeowners avoid foreclosure, and I’d like to think I’ve developed a good reputation as an aggressive foreclosure defense attorney.

On August 19, 2010 at 9:30, a summary judgment hearing was set on a mass-motion calendar.  My clients were pro se until just a few days prior, so the documents I filed in opposition to summary judgment had not yet made it into the Court file yet.  As such, the Judge thought my clients were pro se.  At or before 8:15 a.m. on August 19, 2010, the Judge entered conformed copies of a Final Judgment of foreclosure even though the summary judgment hearing was not scheduled until 9:30 a.m. that day.  That’s worth repeating:

The judge entered a Final Judgment of foreclosure more than an hour BEFORE the scheduled hearing.

At 9:30, when the hearing began, I voiced my concern about this to the Judge.  She was obviously caught off guard, but it quickly became apparent to me that her “procedure” is to make conformed copies of the Final Judgment, to be mailed to the parties, prior to the hearing (and to send out those copies to all parties immediately upon conclusion of the hearing).  Essentially, she’s already made up her mind before the hearing, is holding the gavel in the air, and is ready to throw it down as soon as the hearing starts.

In my view, the obvious problem here is that the Judge is pre-judging the outcome of the case even before she’s heard what the homeowner has to say.  Apparently, she’s unwilling to wait to see what happens at the hearing – she’s so convinced the bank is going to win, she’s made copies of the Final Judgment and envelopes to mail the judgment to the parties.  Essentially, the axe is in the air and she’s ready to drop it as soon as the hearing begins.

I’ll let you draw your own conclusions about this.  I’ve set forth mine in the Motion to DQ Judge.  Suffice it to say I’m very troubled.

Folks, I think we need to be a little more than troubled on this one. These are some serious allegations.

It is terrifying to watch this slow motion social destruction train wreck occur.

This is so much more than foreclosures. Why do the courts not see this?

What is the end game here? What is the purpose of all of these actions?

In my opinion, this crisis is only in the 3rd inning of a very long 11 inning game…

Be sure to read Mark Stopa’s full post here…

And be absolutely sure to read his Motion to Disqualify the Judge below…

Very disturbing to say the least…

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4closureFraud.org

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Motion to Disqualify Judge – US Bank N.A. v. Paul C. Hoffmann

Comments
15 Responses to “OUTRAGEOUS! Foreclosure Rocket Docket Judge Entering Final Judgments Against Homeowners BEFORE Hearings”
  1. cindy says:

    HOW MANY ATTORNEYS DO I HAVE TO PAY TO DO NOTHING? Norman Newhouse out of Redwood City, California took my $5,000 cash. I was looking for an attorney to handle where my prior attorney left off when he was arrested and put in jail for forging the judges signature on another case. He filed my case in Federal Court and left me. The existing judge allowed me time to hire another attorney as she prepared herself for retirement from the bench. She order the government paid attorney at the Federal ProBono Project to locate an attorney for me. A week later, the Federal ProBono Project attorney (paid from our taxes), Rachel Nunes (fyi, her husband is the DA if I’m not mistaken so it’s all in the family in Santa Clara, Calif). Rachel sent an email to a couple of law firms and they declined for conflict of interest. WTF? Why would she send an email to firms that were connected to the bank? Anyways, lucky me, I found schmuck (Norman Newhouse) that was apparently on a 2yr leave for stealing client funds but I was not aware of that until after (my dumbness). He said he could handle my case so I wouldn’t be pro per. For 9 months, he refused to put his name on the pleadings and he said after he continued to take funds from me that he wasn’t representing me at the end. My case was dismissed in favor of the bank. The judge granted my motion to amend and if I missed the 21 days then she would order a dismissal. Three months after I filed my timely (but faulted) amended complaint, I filed a motion to dismiss since the bank failed to reply. The bank failed to reply to the courts demand for a status update timely and I also motioned to that. It didn’t matter, the judge completely protected the bank. In fact, the judge and the bank (defendant) stood there and discussed how the case could be remanded back or dismissed. My attorney, Norman Newhouse sat in the back waiting for me to give him money but he said he wasn’t approved yet to practice after his 2 year probation. Last week I found out from one of member response on this site that Norman Newhouse was able to practice in the Northern District of California in San Jose and he lied to me. I also found out that Norman Newhouse represents the banks in the unlawful detainer. Norman Newhouse wrote my 2nd amended complaint and added additional causes of actions dispite the order from the judge prohibiting that and when I questioned it, he assured me it was ok and told me what to tell the judge. He keep asking me to give him $500 at a time after the initial $5000 and he didn’t give me receipts. Because of him, I am now in a horrible position. This is a bank who proceeded to evict me without first performing a foreclosure.

    Is there an attorney in northern california that can represent me? I have had 4 attorneys take my money and do nothing with exception to the attorney who is now in jail. He did do something and he cared but the bank take care of him.

  2. Dave says:

    These judges all have pensions or perhaps own banking stocks. The pensions all have financial securities within the mutual funds. A conflict of interest is surely at hand. If the banks lose judgements the judges lose in their pensions.
    ALL judges hearing cases of foreclosure or bank fraud need to prove they have no vested interest in the outcome of these types of cases. Is it possible? How about some feedback?

  3. Lit Gant says:

    My words for Judge Campbell are not very nice. I think she represents robo-court-vigilantism. This woman should be taken in by the Florida Bar on its own initiative and reduced to a paralegal. This is the shame of the Florida judiciary. It claims its members are honest, follow the rule of law, and would never, never be a part of any miscarriage of justice or assessory to a crime. To say all these fraudulent documents are not a crime is plain out stupid. And this judge was prejudice against a Pro Se Defendant. This is a mockery of the Florida judiciary system. That a conformed summary judgment was performed before the hearing is fraud by the Court, not fraud on the Court. If I was that Defendant I would be filing complaints against her in every place I could. I would go after her even with a law suit. She is not above the law in this case in my opinion. I do not believe she has judicial immunity. I think she needs whipped out of the court-temple along with the other money changers whose tables she is working as an employee. Mrs. Cambell, if you read this: have the clean moral courage to resign. Take off that black robe. You are a disgrace to the legal profession. Florida Bar, don’t just act like this did not happen. Show this organization is honorable.

  4. chichi says:

    I have witnessed this first hand…I was observing some foreclosure cases in Palm Beach County…just to kill time the judge & his attorneys (FDLG) started talking about sports & upcoming games…now it’s 2:10p.m. & defendants case scheduled 2:45…judge said, well defendant probably won’t show up…granted final judgement 2:10 before scheduled time…i was sick to my stomach.

  5. Equity G Free says:

    WOW , Just when I thought it was safe to get back into the water this comes out . We answered Pro Se to our complaint because we were trying to talk to, negotiate with , the servicer at the time . We wanted our day in court . Approaching retirement and never in court , ( traffic court once) we thought we would meet with them , resolve this and move on . We held these financial firms in good faith and believed they were morally and ethicly honest . In one year we learn that the loans they created and profited from were designed to fail . There is enough info on this every where .
    Secondly we learn of the foreclosure mills making up fraudulent documents than excellerating the summary judgements through the courts . (Just 2 months ago) We knew that many , if not the majority of borrowers left their homes w/o a fight . We assumed the courts did their jobs and looked at the note, the documents ,for obvious defects . I read the NYTimes piece on the little judge from Brooklyn who was doing just that .
    We have a second lawyer representing us now , and I applaud the bravery , honesty and moral stand by this lawyer and others who are upholding the law .
    Outragious is a understatement . This judge is a disgrace , but seeing one of these loans (designed to fail) for the first time as they evicted the borower , the courts are aiding and abetting this fraud . I’m gonna try the Mozart way , not sure if its strong enough right now …

  6. Today I will listen to Mozart’s requiem in honor of The Constitution of the State of Florida Section II and Section IX. Due Process.

    Lisa
    ForeclosureHamlet.org

  7. And when the foreclosure crisis is done and over, the Street Gang will have purchased themselves a nice judiciary.

    Rumors abound about the Florida Legislature “encouraging” the Florida Supreme Court an edict that 62% of foreclosure case backlog is to be cleared in the next few months. Oh, and the legislature might have “reminded” the Honorable judges that the Legislature is voting next year on the judge’s pensions & salaries………..

  8. lisamarie says:

    Thats exactly what I’m doing. They need to remove the Judges showing favor to the banks and putting the axe down on the homeowner before he can even defend hisself. Its not Justice, its a slap in lady justices’ face.

    • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

      Alternative language:

      “… creating a stench in the nostrils of Lady Justice.”

      I don’t recall where I read/heard that but it doesn’t come from my mind.

  9. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    Hmm, another wrinkle I hadn’t considered in my case.

    I attended a hearing in a different case in late July. Before the hearing concluded both counsel met with the judge in chambers. During this in chambers conference the judge made disparaging comments about the arguments I had put forward in my case, to the effect of “I don’t like any of his arguments.”

    I have wondered to make of this, or whether anything can be made of this.

    I have been in continued contact with defendant’s counsel in that case. I think I will a) try to obtain an affidavit of those events from defendant’s counsel and b) read the ethics rules that bind my local jurists.

    I am presently in very good shape in my appeal and anticipate a reversal and remand for trial. Summary was granted in spite of there being no evidence of either indorsement or delivery of the p-note. Because there is only one judge in my circuit I’ll be in front of the same one. A recusal, or better yet a disqualification, would be a wondrous thing.

  10. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    In my case I submitted a motion and scheduled the motion for a hearing on January 29, 2010. The hearing date/time was arranged by agreement between the court, opposing counsel and myself. I received the courts decision on the motion 1 day before the hearing took place. However, from the date on the decision, January 25, 2010, it is clear when the court made its decision.

    Draw your own conclusions.

  11. Please let everyone know about the Rocket Docket Annihilator, a set of legal forms and instructions to stop rocket docket proceedings dead in their tracks. It is available for free at documentaryclearinghouse.com. The papers need to be filled in signed and deposited with the court before the hearing. The papers enable counsel to show that there are contested issues of fact and undecided affirmative defenses. Although I do not recommend anyone appear pro se, a pro se defendant can complete, sign and file the forms and stop; rocket dpcket proceedings.

  12. debi J says:

    Can this really be happening?? What is it going to take? This was another fraudulant effort to suck the very last bit of weath the “common” person still has. Their 401ks have been wiped, their jobs lost and now their home?? What is this judge thinking? Is SHE going to be homeless? Obviously not, she still has a job. And even though the load has been tripled or quadroupled, so has our mortgage payments! Does SHE have insurance? Im sure she still does. If she/he cannot perform the duty they have been sworn to do and agree to follow all the rules (including being ETHICAL)…if they cannot do that any more they need to be let go. Perhaps stripped of their honorly robe; for when u cannot live up to the ethical and moral obligations you made and took any oath to do so, they need to lose the power they are wielding so unethically, unmorally and with out conscienceness. I think they should not only be released from their duties, but disbarred as well. It seems like they are on the banks payroll. This has got to stop. In God we trust? Where is He now?? Stop the madness. We all have to stand up and stop this criminal fraud against the american people! Everyone should do a legitimate forensic audit before they go to final judgement-then u will most likey discover the plantiff bring the case doesnt even have STANDing to foreclose!! DebiJ boynton beach, fl

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