Judge “I’m Offended.” Mark Stopa “No, I’m offended, judge.”

“I’m Offended.” “No, I’m offended, judge.”

by Mark Stopa

I had a hearing today on a Motion for Summary Judgment.  I’m pleased to say the judge denied the Motion for Summary Judgment, but not without a number of events worthy of discussion.

As the hearing began, it was odd from the start.  Instead of asking the plaintiff/movant to explain why summary judgment was appropriate (as is standard in virtually any non-foreclosure case), the judge asked me to explain why summary judgment was inappropriate.  I began my arguments, and the judge (who happens to be a senior judge) was unbelievably disrespectful.

As I handed him case law during my argument (as I typically do in any hearing), the judge refused to look at the cases.  Unfortunately, that’s not uncommon in foreclosure cases, but what really irked me was how the judge immediately threw each case into the trash can as I handed them to him.  Could you be more disrespectful, judge?  It’s bad enough that you blatantly refuse to read the cases, but to throw them in the trash the very second I hand them to you?  Come on.

Before I was finished with my argument, the judge cut me off, telling me “I don’t want to make a career out of this case” and directed plaintiff’s counsel to respond.  Seriously?  I would have been more upset if I didn’t notice the judge write “denied” on his note pad during my argument, making it obvious he was denying the motion.  (Incidentally, he did so before the plaintiff’s lawyer began her argument.)

Anyway, as he announced his ruling (denying the motion), the judge had a lengthy rant about how unfortunate it is that any bright foreclosure defense attorney can stave off foreclosure for a long time, letting homeowners live in their homes without paying.  He made a point of saying he was “offended” that my clients have been living in the home since March, 2010 (saying the date as he looked at the Complaint) without paying their mortgage.  He even said, if it had been a final hearing, that he would have ordered a foreclosure, at which time he would have told “Mr. and Mrs. Gray” to leave the home, but since it was a summary judgment motion, he was denying the motion.

Respectfully, judge, the party offended at that conduct was me.  I’m offended that you would prejudge the merits of my client’s case – even announcing you would rule against them at trial (if you were the presiding judge) – without hearing any evidence.  I’m offended that you wanted to tell Mr. Gray that he would be foreclosed when Mr. Gray has been dead for three years – a fact you would have known had you read my affidavit or not cut off my argument (which asserted you could not foreclose because, among other reasons, the appropriate parties had not been named since Mr. Gray was deceased).  Is that what foreclosure cases have come to – judges are so quick to foreclose that they’re willing to do so on dead people?

Respectfully, if you’re that bored with foreclosure defense that you are going to prejudge every case and not let the parties be heard – telling parties that you don’t “want to make a career” out of that case because the hearing lasts more than 2 minutes, throwing case law in the trash without reading it, etc. – then maybe you should reconsider being a senior judge.  Seriously.  If you’re that bored, that unwilling to listen, and have prejudged the cases that badly, maybe you should just go back into retirement.

Check out the rest here…



9 Responses to “Judge “I’m Offended.” Mark Stopa “No, I’m offended, judge.””
  1. Fran says:

    That is exactly the way judges treat pro se litigants. I know because I have been trying to intervene in a hostile takeover of my homeowner’s association and that is the way they treated me. They ignored case law, as if I didn’t know what I was talking about.

    The HOA foreclosure racket is about as bad as the bank foreclosure racket.

  2. pelucheven says:

    when are we going to realize we need to be more, let us say, forceful,?

    The lenders pushed to get these judges in, they will never give you the time of day.

    It will take some courageous lawyer to file complaints with the Florida court of appeals and the supreme court.

    • incognito123 says:

      Actually, few attorneys will do this for obvious reasons, BUT WE AS HOMEOWNERS MUST FILE THESE TYPES OF COMPLAINTS!!! And, BTW, these type of complaints in Florida go to your State Representative and JQC, not DCA or FSC. Make sure your substantiate ALL your complaints with FACTUAL details and how their actions/in-actions violated whatever rule, code, procedure, law, statute, etc. Usually, there are tons of violations.

  3. Debbie says:

    If this judge was so biased from the beginning, is there a cause to remove him from the bench?

  4. MoBarbq says:

    Sounds like the one I had in Missouri! The first judge said he was going to hold their feet to the fire with regard to the new court rulings coming out around the country. They promptly dismissed that case and refiled it a week or two later at the second courthouse in the county and got a new Judge who they knew would rule in their favor. The lender won, now there’s a shocker. Mine didn’t throw it in the trashcan in front of me, but I know he didn’t read any of it. I was doing it pro se (reasons I won’t say here) so I was doomed from the beginning.

  5. Larry says:

    So Mark, My question to you is this:

    Are Judges above the law?

    Are they really immune from the law?

    It appears to me as if these Judges are not concerned with an attorney coming after them.

    Is that because Attorneys won’t go after a lawless judge because it might debilitate an attorneys ability in the courtroom, or their practice or worse yet mean career sucide?

    Is it because the attorney refuse to work for free when it comes to seeking justice in our court systems?

    I only ask these challenging questing because words like “Freedom, Liberty, and Justice for all” come with a price that can not be paid by a greenback. It comes from BLOOD, SWEAT, & TEARS.

    We the people desperately need attorneys like yourself to stand up regardless of cost and fight these lawless judges in pursuit of Freedom, Liberty, & Justice for all.

    How many more JUST-LESS, disrespectful, lawless courtroom settings must we sit through before we start filling 1983 & 1985 act, RECO suits, and criminal prosecution against these judges.

    Seriously, what’s it goona take?

  6. cilantro says:

    certainly this judge will face consequences. this case is outrageous.

  7. Lit Gant says:

    MHO is this senior judge pooped in his depends and was angry he had to sit in his mess and listen to defense arguments.

    On a more serious note: This is the kind of judge that is like a throw-down cop. Even if not guilty we will make the evidence look like there is guilt and so able to render an unfavorable decision. This kind of judge needs to be reported. And to protect these kinds of criminals in a black robe is not only wrong, it allows judges to keep up the public image they are all Pillsbury Dough Boys.

    This kind of judge makes me sick. This is exactly why I have no respect for any of these robo-foreclosure judges. And then I think of some really good judges and think what a dirty rotten shame these kooks get to ignore the law, throw cases in the garbage can, write “denied” in his doodle pad, and then act like the is some great law-Solomon.

    Maybe someday God will give this judge his dues. Maybe it will be when he is in the nursing home and no one comes when he presses the bell button. It is in cases like this the Chief Judge has a duty to step into the chambers and tell these retired bingo players, to straighten up or fire them.

    But then, I am there is justice here and I think I am a fool for even thinking this.

    Mr. Stoppa you are a great American. You are a real attorney. You are the kind of lawyer defendants need. And if I was the client whom this trash was used against, I would be filling complaints all over Florida before sunset. I would go after this idiot.

    Go Mr. Stoppa. If you did any less than defend your clients you would not be honorable. This is the sham I feared would take place when Chief Judges instruct his judges to give you and Mr. Weidner the bums rush and cause your clients legal harm. They can get away with mistreating the defendant’s by abusing the defendant’s attorney. This I knew would show up in court and I can now see it has come to pass.

    We need justice in the Courts and we need judges who are not shyster robo-docket idiots. Ha, making a carreer out of one case? This judge is a joke.

  8. Equity Free says:

    This SOB is getting paid by tax payers …..directing a pig circus !

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