Fighting for Hearings before Tampa Judges

A recent Administrative Order in Tampa (Hillsborough County) gives judges the discretion to grant/deny motions in residential foreclosure cases without a hearing.  This has been very frustrating for foreclosure defense attorneys such as myself, particularly since I’ve gone from winning about half of my motions to dismiss over a period of many months (when senior judges were presiding over hearings) to, recently, losing all of these motions without even being given a hearing (in Hillsborough, anyway).

I had a hearing yesterday before Judge Levens.  Ironically, it was the bank that was complaining about a senior judge making a ruling without a proper hearing.  When the argument was made, Judge Levens turned to me and noted my habit of pushing for hearings in foreclosure cases.

It was lighthearted (even some mutual laughter), and it was good.  I’m glad the judges in Tampa realize I’m pushing for hearings in foreclosure cases, politely but firmly pointing out the unfairness of denying defense motions without a hearing.  In fact, I sort of had the impression that my actions had prompted an internal discussion/debate about the issue.  That’s good.  Maybe they think I’m right and maybe they think I’m wrong, but you don’t make 100% of the shots you don’t take.

You can check out the rest from Stopa here…

A copy of his letter to the judge is below…



Stopa Letter to Judge Levens RE Motions to Dismiss