Disputed foreclosure ruling could bog down courts
By Susan Taylor Martin, Times Senior Correspondent
Posted: Feb 11, 2011 08:11 PM
Many homeowners in Pinellas and Pasco counties could get at least a temporary reprieve from foreclosure pending the outcome of a case now before a Florida appeals court.
At issue is whether Pinellas-Pasco judges dismissed numerous civil suits, including foreclosures, and whether plaintiffs should be required to refile those cases, further bogging down an already strapped court system.
Depending on what the Second District Court of Appeal in Lakeland decides, it could have “serious implications for the trial courts,” warned J. Thomas McGrady, Pinellas-Pasco’s chief judge.
The case, involving a Belleair Beach couple, also highlights problems with “mills” like the David J. Stern Law Firm that have let foreclosure cases languish for months without action.
Stern’s firm represented Citibank in 2009 when it began foreclosing on the waterfront home of Christopher and Diane Phillips.
That July, the Pinellas clerk of court informed Stern of its “intent to dismiss” because of the law firm’s failure to serve notice of foreclosure on others who might be living in the house or have a legal interest in it.
Stern didn’t respond, and the Phillips’ case went on a “master order dismissal calendar” with 29 other foreclosure cases, many of them also handled by Stern.
On Aug. 27, 2009, Circuit Judge George Jirotka “ordered and adjudged that the cases, as indicated on the attached listing, are hereby dismissed without prejudice” meaning they could be refiled.
Attorney Matthew Weidner, representing the Pinellas couple, contends that Jirotka’s order terminated all 30 foreclosure suits. Because Stern’s firm did not start a new suit against his clients, Weidner said, the judge should not have allowed it to file a motion for summary judgment of foreclosure last year.
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Question? Can banks foreclose if the MBS mortgage loan they bought from anther lender is found to have fraudulent components?, & when the banks that purchased the “fraudulent” loan knew or became aware that there is fraud within the loan, shouldn’t they go back to who “they” bought the mortgage loan/note from, instead of attempts to force borrowers to pay them for a “fraudulent” bunch of illegal paperwork, that they neglected to review before purchasing thousands of “bogus” notes to sell into “Trust” (PSA’s)to make millions of dollars?, & now that the “fraud” (pandora’s box)is exposed, the banks claim, they didn’t initiate the fraudulent mortgage loan; but, they’re trying to “collect$” millions from the fraudulent paperwork they didn’t initiate!? And, can the banks get away with this “scheme” in court,and is Congress or the Judicial system, courts, Judges, aware of what is happening?
AGuice
AG
My money is on the banksters , these judges have left the banks , and the mills alone . The AG old and new are still looking in to it . No charges yet , the lone elected official who spoke out lost reelection (Greyson) because of
banksters lies and B/S .
The American people are mad as hell but can not agree on who or how to change things . The Irish are getting a new government too, but will they ever recover the loot that was stolen ? The same banksters are in place there ..China,India,Brazil,Russia may be where its at ???.
The order says that the cases are dismissed, NOT the parties!!!
Yet, the Sixth Circuit contends the opposite, and then, it laughably claims that somehow the court system will be burdened by requiring a new case to be filed which will result in filing fees which the court would not otherwise have???? As usual, doesn’t this show who far too many in the courts really work for?
By the way, it is against the law for government employees, including judges, to do favors for for people which are contrary to their duties, but of course, don’t expect any prosecutor to prosecute or any regulator to regulate. After all, it should be clear who all of them work for.
Now, the big question is whether the Second District Court of Appeal will show that it follows the rule of law or does favors for the banksters.
Here is a question for you. What would the people of Egypt do if their government was helping banksters steal their homes and jobs?