What is a Judge’s Job? The ‘Honorable’ Diana Lewis Thinks it’s “to move cases” Regardless of the Law

Kangaroo Court

What is a Judge’s Job? The ‘Honorable’ Diana Lewis Thinks it’s “to move cases” Regardless of the Law

Follow the timeline.  Bank A filed suit in 2008, the case was dismissed, and the original Note was returned to that plaintiff on August 31, 2010.  Bank B filed suit in March of 2010.  Do you think Bank B had possession of the original Note in March of 2010 when the Note was sitting in the court file?  I sure don’t.  It’s necessarily impossible to be the “holder” when you lack possession of the original Note.  See Fla. Stat. 671.201(21) (defining “holder” as one in possession of an original, endorsed note).

In my opinion, this argument should have prompted a dismissal of the case, but the judge entered a Final Judgment for the bank.  I entered the case and asked for a stay pending appeal.  I thought that motion was well-taken.  After all, the judge herself had said (at trial) that my client’s position was a good argument, so why should a foreclosure sale take place before she could pursue an appeal?

Unfortunately, the judge denied the stay and set the first available sale date.

I was surprised, so I pushed the judge to explain her ruling.  The explanation surprised me.  Here’s what the transcript reflects (starting on page 16):

Mr. Stopa:  Judge, you acknowledged yourself, on multiple occasions, on the record, that, you know — Initially, you had multiple times where you said you were ruling for the defendant, and then you said if you didn’t, it would be reversed.  I’m not arguing with you, but my point is that I think there are legitimate grounds to go to the Appellate Court, and before my client is divested of the property and a third party purchaser tries to buy it and, potentially, take possession, ultimately to potentially be removed, then a stay should be entered so that we can pursue our right on an appeal.  We’d be happy to have a condition in the stay being that my client will continue to maintain the property, as she has.  There won’t be any harm to the bank, if we were to lose the appeal.  It simply will have the foreclosure sale rescheduled, once the appeal is over.  The collateral is not going anywhere.  So I think a stay is a fair result here, under the circumstances, so that we can pursue an appeal on these issues.

The Court:  You’re welcome to do that.

Mr. Stopa:  Can I submit you an Order that grants a stay?

The Court:  No.  Your stay is denied.  …

Mr. Stopa:  On the issue of stay, can I ask for an explanation, or what have you, because, you know –

The Court:  My job is to move cases.

Mr. Stopa:  I’m sorry?

The Court:  My job is to move cases and that’s what I’m doing.

More with the full transcript here…

~

4closureFraud.org

Comments
5 Responses to “What is a Judge’s Job? The ‘Honorable’ Diana Lewis Thinks it’s “to move cases” Regardless of the Law”
  1. neidinhenard says:

    What did you do next? It is time to hold judges accountable they cause unreasonable harm and financial losses to the home owners. Where did this idea that judges are only supposed to clear their calendars and move cases through the courts. Where did that come from? This is not the purpose of having judges sitting on the bench and being paid the high salaries and great retirement. I have been questioning this point of interest since 2004. Glad to see an article addressing this major problem in the courts of our justice system. It took maybe 10 minutes for a judge that was very bias and basically had a grudge against my husband. To award an equitable subordination motion for summary judgment to DBNTC. The defendants counsel for DBNTC was on the telephone with the judge when we walked into the courtroom. My husband had instructed our attorney to tell this judge he was not to hear a case. He was to recuse himself. The judge Said no he would not! The judge made the decision that he would hear the motion. Ignoring the bad history between my husband and the retired judge. For the many years that my husband had been the DA’s investigator. Our attorney made no argument on our behalf. c/o from Pattie C. “It’s time to make the judges recuse themselves for conflict of interest. Their CAFR (retirement) funds are heavily invested in mortgage backed securities. Be sure and ask the Clerk if Court for the judges Oath of office ( some have expired). It is time to play hardball”

  2. lies is all they tell says:

    no one has title they are all crowded. but because of judges like her they do not see this. they just think of homeowners as deadbeats. not that O came on TV in 2009 and unveied his HAMP plan so we all called and asked for it. Little did we know it was a ploy to stagger foreclosures. why else would every faxe we sent be lost, approve us, diapprove us, lose fed ex mailers with applications, move files out of review?? tell homeowners that were current not to pay? we had no choice we WANTED to save our homes and then they go and turn it around on us. make it look like we are the deadbeats, when it was the originator who did not d their job of making sure assignments were filed on time, and notes endorsed in blank were dated. these are the only way to prove ownership. To bad the judges in florida are busy moving cases instead of learning about how todays foreclosures are going down. that NO ONE knows who owns these mortgages. they have been bundled and sold. clouded tilte = unable to know who to pay and how much. the problem is its over. the fraud is over. the banks and our government will not give in and let us be. those of us who are fighting have a “fighting chance” they dont care about us, they care about the folks that do not know. they want them to continue not to know and walk away from their home when they cant pay their mortgage. to tell you the truth. my husband had me packing up the house when wells fargo told us not to pay and kept losing our paperwork. My christmas present this year was to unpack for good. because . I A’nt going no where.

  3. Patti C says:

    It’s time to make the judges recuse themselves for conflict of interest. Their CAFR (retirement) funds are heavily invested in mortgage backed securities. Be sure and ask the Clerk if Court for the judges Oath of office ( some have expired). It is time to play hardball

  4. talktotennessee says:

    It is past time to clean ‘house’ or should I say the Courts, restructure the way they are elected, appointed, er uh ‘favored,’ paid for, etc. And I thought Memphis had a monopoly on biased bad judges who sell out ‘work’ for friends. Yor’ Honor Lewis could be replaced with a paper shuffler if all she is doing is facilitating for banks. Can we call it robed robo-judging?

  5. Fastlaw says:

    This is reminiscent of summary judgment hearing before Judge Lewis last year. It took the Court 30 minutes on the record to overcome my clients’ affirmative defenses since counsel for the plaintiff was unable to do so. A judgment with next available sale date was entered. Since then Plaintiff has moved five times to continue the sale date because they don’t want to have a defectivev title. I guess I’m not surprised that she is still doing her job moving cases. I am not sure where they are being moved to, but certainly it is NOT into the marketable title area.

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