Chip Parker Responds to Judge J. Thomas McGrady RE Rocket Dockets

“Retired senior judges have little accountability because they do not face re-election like the rest of the judiciary. This is one of the reasons that Florida’s Constitution limits the use of retired judges to “temporary assignments,” but since foreclosure division will remain in place indefinitely, the use of these judges is arguably unconstitutional.”

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Guest column: In reply: Serious flaws in foreclosure courts allowed to continue

With all due respect to Judge J. Thomas McGrady, his recent guest column reflects the state of denial demonstrated by our judiciary about the general failure of Foreclosure Court in Jacksonville and throughout Florida.

In the nearly two decades that I have practiced law in Florida’s courtrooms, I have never witnessed a process so blatantly tilted in favor of one party, which happens to be the mortgage industry.

McGrady references a procedure known as summary judgment, which he correctly points out as an efficient proceeding for disposing of cases when no issue of fact is present. Because summary judgment is an extraordinary measure that terminates a homeowner’s ability to keep his home, there are strict legal requirements that ensure fairness in the process.

All evidence upon which the mortgage company intends to present to prove its case must be provided to a homeowner 20 days before the hearing, but in reality, the bank lawyers often “sandbag” defendants by presenting key evidence at the hearing.

Additionally, affidavits — written testimony sworn under penalty of perjury — are always used to prove the bank’s case. Since the bank affidavits reference amounts due by the homeowner, business records must be attached but, in reality, never are.

These affidavits are particularly disturbing because many servicers now admit that they were executed by employees who had no idea whether the statements were true.

Judges’ own statements reflect how out of touch they are with the issue of foreclosure fraud and how willing they are to overlook thousands of instances of lying by plaintiffs in most every foreclosure case. As a group, they shrug off the lies as “sloppy paperwork.”

Check out the rest here…

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4closureFraud.org

Comments
8 Responses to “Chip Parker Responds to Judge J. Thomas McGrady RE Rocket Dockets”
  1. I wonder whether counties and states can be sued for failing to oversee those judges who are promoting fraud?

    Of course, one can sue the banks for fraudulent paperwork, too!

  2. david black says:

    hello

    In history we can view a judiciary at the local, state and federal level that shrugged off the wrongdoing as sloppy paperwork.

    That is exactly what happened in NAZI Germany and that should be a clear message.

    When a country’s judiciary at any level allow their standards for legality to lower to the sewer level, well that might just be new begninng to a new age of tyranny.

    History needs to be listend to and our judiciary at all levels need to get their bias centered more for the victims rather than the perpetrators.

    i. e., the homeowner has rigths since they are paying back loansat the rate of two or three times what they borrowed and if their is any equity in the home and a home sells for more than the mortgage then it should be a federal law that the bank does not profit from that equity and that it has to be paid back to the homeowner.

  3. housemanrob says:

    IF WE CONTINUE THIS GREEDY TRANSFER OF WEALTH, THIS NON SPIRITUAL UPRISING OF GREED, WE WILL ALL BE DAMNED, AND IT DOES NOT MATTER WHO IS SPIRITUAL, AGNOSTIC, OR ATHEIST!!

  4. housemanrob says:

    FOLKS, YOU GOT TO GRASP THE POINT……..IT’S A CONCEPT!! THIS WILL BE OVER ONLY AFTER THE FOTECLOSURES ARE STOPPED AND FINAL JUDGEMENTS AND SALES REVERSED!! ALL MORTGAGE DEBTS SHOULD BECOME UNSECURED AND THEN THE COURT BATTLES WILL BECOME FAIR AND HOMEOWNERS WILL FIND OUT AFTER ALL DISCOVERY, THAT THEIR LOANS HAVE BEEN MOSTLY SATISFIED!! PROSPERITY MAY TAKE BACK BY STORM!!

  5. John R. says:

    Look Judges, it’s all over the media, the majority of the foreclosures are fraudulent and if you keep granting them you’re only making your own problems worse. The Banks are at fault and the evidence, should one actually look at it, is overwhelmingly against them. You say it’s not your job to scrutinize these foreclosure doc’s, but now you don’t hardly even have too. The lists of Robo Signers are now public knowledge at many web sites, and you’ve the power if sua sponte. No more excuses OK? Times up. We, the people, want to see foreclosure reversed! Here’s a hint, make a list of all the known robo-signers and put a few people in charge of going back through ALL foreclosures, finding Affidavits AND all Assignments signed by these imposter’s and reversing the decisions immediately…. while leaving room for future counter litigation. If somebody’s home is up for auction, get it down from auction! If it was sold at auction and illegally taken… then the damages awarded the victims should be extreme as this will affect these people for the rest of their lives.. The only thing you’re doing now is either proving your own ignorance on the matter and/or ignorance of the Law and/or proving that you’ve insulated your life from what’s happening everywhere around you OR proving you’re colluding with the Lenders (there’s that illegal thingy there….. collusion). Time to do the right thing. That thing we elected/hired you to do in the first place because if you don’t pretty soon the backlash could well be much worse than the pain of all the reversals of foreclosure that’s needed to be done right now. It’s a tough job, that’s why we hired tough Judge’s. We got faith in ya so do the right thing. I’m not lifting a finger to stop the crowd if you don’t.

  6. Reuben Nieves says:

    I am here in California and the Judges here have been conistently pro mortgage. Many people cannot afford an attorney so they try to defend themselves. I did and because I am pro se the courts treat you as if you were terrorists. The fact of the matter is that banks, which are federally created corporations for public and national purposes are allowed to use power of sale procedures that do not allow a hearing. Because of the nature of these corporations as federal instrumentalities whose activitie are considered governmental by the Supreme Court in a number of cases. Yet the appellate courts treat the banks like prvate corporations. I have the research to back that up. You can email me at reuben.nieves@yahoo.com for my research. The are Wolves in Sheeps clothing.

  7. Mark says:

    George, Thats a good one, Bottom Feeders, No justice in this country at all. these judges should be in jail along with the bad bankers/ lenders/ and mortgage servicers, its all about fraud in making big bucks and the hell with the little guy.
    Mark

  8. FRUSTRATED GEORGE says:

    It get better each and every day…

    I truly see a Civil War erupting here…

    All due to the outrageous greed and theft of a small bunch of “BOTTOM FEEDER” thinking, to swindle, to deceive, to lie, to STEAL is the “Order of the DAY!!!

    “Better watch out better not lie, I’m telling you why, “**** VICTIMS****” ARE COMING TO TOWN!!! 🙂

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