The Foreclosure Appeals Process- Great Work From Pro-Se Litigants
Author: Matthew D. Weidner, Esq.
This foreclosure crisis is inspiring for many reasons, but one of the most inspiring things I see are non-lawyers standing up to fight the fraud and injustices of the banks and their lawyers. I’ve started posting appeals and transcripts so people get a sense of the process….I can tell you that at least in the case of David Verizzo in Sarasota, Florida, this guy is going to inspire a whole lot of people….including experienced foreclosure/real estate attorneys.
Posted here is an example of an excellent, detailed appeal out of the Fifth District and here is one out of the Fourth District. Both present excellent treatment of complex issues faced in foreclosure and will be of big help to pro se or attorneys fighting both at the trial and appellate level. This stuff is spreading…with fantastic effect!
4 Responses to “The Foreclosure Appeals Process- Great Work From Pro-Se Litigants”
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Mr. Verizzo did a heck of a job as a pro se litigant. Hat’s off to him! Unfortunately, pro se litigants do not usually fare so well. In my mediations, the defendants who are represented by counsel have a much higher chance of a successful outcome than those who are pro se.
-Ken
Ken, I must agree that “cash-strapped” foreclosure defendants that are represented by counsel have a much “higher” chance of success. However, their chances of complete starvation is much higher as well, if they try to afford this country’s most expensive professional service (attorney fees)..
Drew
drewt5@att.net
Drew,
I agree and that’s something I struggle with. Here in Florida’s 6th Judicial Circuit, if the defendant requests mediation, the plaintiff must pay 100% of those fees. This is for obvious reasons and for the most part I think the policy works well. If a settlement is reached, then it was money well spent by the lender. If no settlement is reached then the cost of the mediation is tacked onto the final judgment.
I would like to see some sort of court appointed counsel on these cases, similiar to a public defender in the criminal courts system. The problem is that our courts simply do not have the resources to implement such a program. On the other hand, good foreclosure defense lawyers like Matt Weidner are actually surprisingly affordable.
http://www.facebook.com/MediatorKen
Where can I find the actual filing by Mr. Verizzo? Thanks