Foreclosure lawyers’ misdeeds ignored in Florida?

Despite complaints, ethics breaches slip past discipline system

By Todd Ruger

Florida courthouses are rife with evidence of errors and fabrications made by attorneys handling foreclosure cases, and yet so far no lawyers have been disciplined.

With pressure mounting to police its own members, the Florida Bar established a special category of complaints listed as “foreclosure fraud.”

But in 20 complaints investigated in that category, the Bar has not found cause to discipline anyone — even lawyers who admitted to breaking ethical rules.

Some observers say that early track record of ignoring misdeeds by its members raises questions about whether the system of self-policing for lawyers can handle the depth of wrongdoing in the foreclosure crisis.

The complaints have been filed by judges, lawyers, homeowners and the Florida Bar itself, and reflect the issues seen in courtrooms almost daily for the past two years, including forged signatures and backdated documents used to improperly seize homes in foreclosures.

In addition, attorneys for lenders have filed false motions, left out important information that would hurt their case, or skipped mandatory mediations and court hearings.

The state Attorney General’s Office is investigating and found the same evidence of wrongdoing. But with no known criminal investigations launched into the behavior, the public and the court system must rely on the Florida Bar to stop bad behavior by attorneys.

Dozens of complaints against foreclosure lawyers are still pending, including complaints against the head of the four law firms that handled the vast majority of Florida’s foreclosures and often had multiple attorneys handling one file.

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