Archive for April, 2010

The Supreme Court Rule is here. Although the Millionaire Mills suggest that because they have filed comments, the Rule is not in effect, they should re-read page ten of the Rule:

“Because the amendments to form 1.996(a) (Final Judgment of Foreclosure) were not published by the Court for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments, on those amendments only, with the Court.”

The only portion of the Rule that is even open to comment is the portion that deals with the Final Judgment Form……

NOT THE VERIFIED COMPLAINT RULE.

It’s black and white and not even subject to discussion or debate.  This absurd argument cannot be the basis not to sanction the firms for engaging in such offensive conduct after Rule’s effective date.  The Millionaire Mills and their hotshot attorneys have either misread the rule or they’re trying to play a game of smokescreen to create a false sense of legitimacy for ignoring the Supreme Court.  Your Foreclosure Defense bar started to prepare comments to the Rule, but we actually read the Rule and recognize that it is in full force and effect and not even open to comments.

Having said that, The Florida Legislature is furious about this Rule and they, along with the Fat Cat Bankers, are going to be conspiring against the Supreme Court of Florida and the citizens to frustrate this Rule.  The legislature does not recognize that the Constitution of the State of Florida empowers the Supreme Court to make and enforce such Rules, they incorrectly believe that the Supreme Court is impermissably legislating from the bench.

This will be a long and hard fight but it is the Supreme Court and Courts across the state fighting with consumers and the Rule of Law against the greed, arrogance, fraud and flagrant disregard for law being constantly exhibited by the Millionaire Foreclosure Mills and the Fat Cat Bankers.

That quote in the title is taken directly from a Sarasota Herald Tribune article and it quotes the Chief Judge of the Manatee/Sarasota Circuit.  Full Story here. That honorable judge, long a champion in the fight to restore the ethics and integrity of the judicial process in his circuit, is stating an obvious and troubling fact that all of us involved in the fight are acutely aware of….

THE FORECLOSURE SYSTEM IN FLORIDA IS BROKEN AND OUR JUDGES DON’T HAVE THE RESOURCES TO ROOT OUT ALL THE ABUSES

Now he’s just one Chief Judge, but the quote says a lot.  If this Chief Judge feels this way, where are the other Chief Judges?  Judge Haworth has long been fighting the battle, and he’s absolutely right….the problems are widespread.  We all must keep up the heat…keep pounding away, sharing examples of the fraud and abuses.  Send this newspaper story and others documenting the abuses and the investigations to your judge and to your Chief Judge.  Send your Chief Judge a letter.  Be polite, be respectful, but ask the question…

Why are we allowing such an assault on our courts?

What are the penalties for clear wrongdoing?

Why won’t judges seize this moment?

I don’t believe the Florida AG’s investigation is the first or the only investigation of improper conduct.  We have heard rumors of this investigation for some time and I believe their are other federal investigations currently underway.  I don’t want my judges to continue to feel pressured to throw their neighbors out of their homes so Fat Cat Bankers and Millionaire Foreclosure Mills can get richer all in the face of widespread fraud.  I don’t want my judges to feel the pangs of guilt when they all learn they’ve been had by the Fat Cat Bankers.  I want our judges to understand that they are the very last link in this long, rusty chain of fraud and deceit.  It is now common knowledge that the American people were played and manipulated by Wall Street and their cronies.  They’ve moved their frauds from Wall Street to courtrooms all across this state.  Our judges must be the final link in the chain of fraud.  They simply cannot reward the inequitable conduct of the fraudsters. And while I agree that our judges lack the funding and resources to to check all files, I challenge the notion that courts do not have the responsibility to verify the accuracy of files before they enter a foreclosure judgment.  Foreclosure court is a court of equity…..This is a basic and fundamental legal principle but it is powerful and it is real…

COURTS OF EQUITY HAVE AN OBLIGATION TO ALL PARTIES TO DO JUSTICE AND TO ROOT OUT FRAUD AND ABUSES

On a very personal level, I wonder how our judges will feel when the full nature of the abuses is revealed?

When the investigations document and reveal the true nature and breadth of the widespread fraud, what will be the remedy for that poor homeowner who was a victim of the fraud?

THE ONLY RESPONSIBLE ANSWER FROM OUR BELOVED JUDICIARY IS A MORATORIUM ON SUMMARY JUDGMENTS OF FORECLOSURE.

Awesome Order from Michael Wasylik, which requires Plaintiff to plead its capacity or the exact legal nature of its business.

capacitywasylik

Excel Spreadsheet of Foreclosures Filed in Pinellas County Since Verified Foreclosure Complaint Rule Went Into Effect

april29

Well, now the tide really is turning….maybe all this SCREAMING ABOUT—FRAUD is starting to get someone’s attention.

The Wall Street Journal has picked up on the story…..after it was reported here, Foreclosure Hamlet and 4closurefraud, first!

Foreclosure Lawyers Face New Heat In Florida

By Amir Efrati

These are precarious times for lawyers in the business of filing foreclosure cases for banks. This is particularly true in one of the epicenters of the foreclosure crisis, Florida.

As we’ve noted before, the feds in Jacksonville recently started a criminal investigation of a company that is a top provider of the documentation used by banks in the foreclosure process. And a state-court judge ruled that a bank submitted a “fraudulent” document in support of its foreclosure case. That document was prepared by a local law firm.

For more Law Blog background on the foreclosure mess in our nation’s courts, this post will help.

The news today: the Florida Attorney General’s office said it has launched a civil investigation of Florida Default Law Group, based in Tampa, which is one of the largest so-called foreclosure-mill law firms in the state.

According to the AG’s website, it’s looking at whether the firm is “fabricating and/or presenting false and misleading documents in foreclosure cases.” It added: “These documents have been presented in court before judges as actual assignments of mortgages and have later been shown to be legally inadequate and/or insufficient.”

The issue: judges are increasingly running into situations in which banks are claiming ownership of properties they actually don’t own. Some of them end up chewing out the lawyers representing the banks.

The AG’s office said Florida Default Law Group appears to work closely with Lender Processing Services — the company we referenced earlier that is being investigated by the Justice Department.

LPS processes and sometimes produces documents needed by banks to prove they own the mortgages. LPS often works with local lawyers who litigate the foreclosure cases in court. Sometimes those same law firms produce documents that are required to prove ownership.

We’ve reached out to Florida Default Law Group and LPS and will let you know if we hear back.

Keep up the pressure people and keep documenting the fraud, questionable documents and unethical practice…..with all of this mounting evidence circulating, building, crushing.

With the ROAR of questionable practices now public….HOW CAN JUDGES KEEP GRANTING SUMMARY JUDGMENT?

MORATORIUM ON FORECLOSURES!

Wow–this is big.  It appears that the Economic Crimes Division of the Florida Attorney General’s Office is investigating Florida Default Law Group.  Please click the link here for more information.

PRINT THIS INVESTIGATION SHEET OUT AND MAKE SURE EVERY SINGLE JUDGE YOU APPEAR IN FRONT OF HAS THIS INFORMATION IN FRONT OF THEM.

THIS MUST GET JUDGE’S ATTENTION.  I’M ALSO DOING A NOTICE OF FILING IN EVERY CASE WHERE FDLG IS OF RECORD AND I QUESTION THE DOCUMENT.

THERE MUST BE A PRICE FOR FLAGRANT, CHRONIC DISREGARD FOR LAW AND OUR RULES OF ETHICS.

For all you people out there that feel victimized by the potential improper activities of this firm, please forward specifics of your complaints to the contact information provided.

Forward to them assignments, affidavits of fees, especially affidavits of attorneys fees.  MAKE SURE YOU SEND ANY INFORMATION CERTIFIED MAIL AND MAKE SURE YOU FOLLOW UP TO CONFIRM RECEIPT.

We will all need to follow this investigation closely, continue to bring investigators information and keep the pressure on.  You cannot assume that because an investigation is open, wrongdoing will be found.  Do your research, go into cases, (not just your own but others that are public records) and get that information to the investigators.

The fact of the matter is the real questionable practices are going to occur on those cases where no answer or defense has been raised.  Get in those courtrooms and review files.  The files are public records and if you are polite and professional, you are permitted to review the files.

Ask to see the files that are ready to go for summary judgment.  Look closely at the affidavits and especially look closely at “original” notes.  When you see something questionable, flag the file, make copies, bring those questionable things to the attention of the staff that is there.

I’m looking for someone with experience to do such a review project here in Pinellas County if anyone is interested.

So ethical, responsible attorneys from across the State of Florida have been madder than a bunch of Florida fire ants because the Millionaire Foreclosure Mills just continue to churn out foreclosure lawsuit after foreclosure lawsuit all across the State of Florida totally ignoring the Florida Supreme Court and the Rule that requires the Millionaire Foreclosure Mills to comply with Rule 1.110(b).

We keep filing our Motions to Dismiss, but the Millionaire Foreclosure Mills just keep on ignoring The Supreme Court of Florida…..that’s obscene in my mind, but I’m just one lawyer fighting for his client. Having said that, out of frustration I researched throughly what could be done to fight against the flagrant disrespect for the court. The answer to the vexing question is in the attached motion….

THE CASE LAW PROVIDES THAT ONE POTENTIAL SANCTION FOR A PARTY WILLFULLY FAILING TO COMPLY WITH THE RULES OF THE COURT IS A DISMISSAL WITH PREJUDICE.

That means that the Plaintiff loses his ability to pursue the case again.  My Motion is attached here, along with the case law.  I invite critical input into this issue and serious case law inquiry into this appropriateness of dismissals with prejudice as a sanction for violating the court’s rules.

Motion to Dismiss With Prejudice here and just to make things easy on everyone, the cases cited are here.

I’m looking for critical inquiry here people….especially you hot shot lawyers….eat this alive and tell me if I’m wrong!