THE $49,000 ORDER IMPOSING SANCTION ON FORECLOSURE MILL

September 3rd, 2010 |

I am going to post more on this later and include some additional information that illustrates how these guys still do not get it, but for now, I wanted to make sure that every one of you had this Order right away.

ORDER+HSBC+v+ANTONIO+DEFREITAS

I cannot count the number of times I’ve shown up for hearings only to have the foreclosure mill either cancel the hearing or just not show up. Often times they fail to notice me at all, but I’ve addressed most of that by requiring that all hearings be set and confirmed with me in writing. The thing about this Order is, if more judges would issue Orders like this, the whole practice of foreclosure would change overnight!

The most frustrating thing is the unfair treatment between the mills and those of us defending. If I miss a Summary Judgment hearing, that judgment is granted with no question. On the other hand, if my Motion to Dismiss is properly noticed and they don’t show up, the hearing is continued. One more thing, I’m tired of the mills setting Summary Judgment hearings when the case is not ripe for SJ and I have objected based upon that…….oh well, add that to the list.

One more thing….this judge was tough and fair and detailed. In the courtroom were dozens of defense attorneys as well. We got the message loud and clear and I immediately went back to my office and pulled EVERY SINGLE ONE OF MY FILES TO MAKE SURE I WAS ON TOP OF MY CASELOAD AND PRACTICE.

One more thing….most local rules of practice require that attorneys confer with one another before setting any hearings to try to resolve the matters. I try to demand this, but this doesn’t seem to work with the foreclosure mills. Before we take the court’s time and money, I would require that every hearing notice state prominently:

ATTORNEYS FOR BOTH SIDES IN THIS SCHEDULED HEARING CONFERRED TO TRY AND RESOLVE THE MATTERS TO BE HEARD, BUT WERE UNABLE TO AFTER GOOD FAITH ATTEMPTS.

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