A constant theme I hammer on in this blog is that this wave of foreclosures is making a mess of our judicial system. In a perceived need to rush through the foreclosure “crisis”, (a crisis created by the parties who are demanding an unreasonable share of scare judicial resources), the lenders and their Millionaire Foreclosure Mills are ignoring long-established rules of professional ethics. They’re ignoring basic rules of evidence and case law. They’re engaged in a pattern and practice presenting at best questionable evidence and more likely of systematically lying to judges all across this country by adopting practices to create evidence which is not legitimate. They can apparently just ignore the rules and laws of the Supreme Court of Florida.
The Millionaire Mills Cannot Ignore the Title Insurance Claims That Will Start Rolling in Based on The Issues Contained Within This Post.
Our elected judges have been given an impossible task as thousands and thousands of cases are dumped on their laps but they’re given no additional support to move things along or to ensure the job is being done correctly. It pains me to see the additional pressures being placed on their staff as they scramble to meet the onslaught. Who benefits from all this?
THE FAT CAT BANKERS AND THE MILLIONAIRE FORECLOSURE MILLS- My courts have become something that resembles a sloppy fast food restaurant all so that the Millionaire Foreclosure Mill attorneys can buy themselves a few more Ferraris, (apparently that’s the car of choice).My underfunded and underpaid court staffs drop everything to scheduled telephone hearings, sort through missing and misfiled paperwork, manage the Mill’s foreclosure docket as part of a concerted effort to move the docket through for the mills. The files that are being pushed through are a disaster. Lurking within many of these files are title problems and legal claims that will be getting sorted out for years to come. Some of these problems are only potential problems…..litigating them and proving them out will take years and frankly they may not be litigated at all. Other claims (such as those from third party creditors) will be deemed to questionable to carry out so they will be ignored.
THERE IS ONE CATEGORY OF CLAIMS THAT CANNOT BE IGNORED-
THOUSANDS OF FORECLOSURES THAT HAVE BEEN PUSHED THROUGH BY THE MILLS AFTER THE COURT HAS ALREADY DISMISSED THE CASE!
I attach here the Motion I filed which details the issue. I’ve been sitting on it for a while, continuing to do research, meeting with other attorneys and discussing the issues with different title insurance underwriters. NOT A SINGLE ATTORNEY HAS DISPUTED THE FACTS CONTAINED WITHIN THE MEMO. We’re arguing over what the impact of this issue is, but one thing is certain.
THERE IS A MASSIVE HEAP OF FORECLOSURE JUDGMENTS AND FAILED TITLES TO REAL PROPERTY IN PINELLAS COUNTY IN PARTICULAR
I don’t know what’s happening in other counties, but the court docket in Pinellas is full of these sorts of cases. I am searching for the cases now, and encourage any of you pro-se people and attorneys out there who are researching dockets to pay real attention to this one and forward examples to me. Keep in mind that this problem was caused by the Plaintiff’s firms themselves. They jammed these cases through. They created Affidavits in Support of Summary Judgment where they swore to the Court that there were no issues of law or fact that prevented the court from entering judgment. They were either careless, reckless or thought they could just get away with it. They cannot and here are just some of the consequences of this problem:
4closureFraud
Judge dismissed the case with prejudice (attorney didn’t show or notify tenant), party lost the house and now lives in apartment. Any known remedy?
First of all, in the instant case the court did not dismiss the case but only dismissed the case as to unknown tenants. This may be a bad practice but it does not affect the rights of the debtor which is all that need concern the court. There is no citation here of a case where a case was dismissed and plaintiff thereafter wrongfully actually got a judge to sign a summary judgment of foreclosure on the mortgaged property.
The problem addressed by Mr. Weidner stems from the fact that a plaintiff is a not required to file a title report together with its pleadings to show that all parties that have an interest have been served. This does result in the potential cloud on title down the road if parties in interest were not served. It will necessitate a subsequent action to quiet title- all an avoidable mess based upon bad judicial policy. However none of this will help a debtor defendant in foreclosure because none of this affects the debtor’s interest in the property. The debtor has no legal interest in protecting the interests of others such holders of mechanics liens and junior encumbrances.
No one has yet come up with the way to hold foreclosure mills and lenders accountable for damages to debtors for predatory foreclosure, misuse of process and fraud and deceit. However, I have some ideas which I will share with you in the coming weeks.
Is there a California Based attorney who is willing to fight the Banks?