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…
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…