Matt Weidner – Fighting For The American People

Posts Tagged ‘foreclosure defense pinellas’

The Huffington Post has picked up the story of a fantastic Order (first written about here) that was brought to the world by one of the true pioneers in foreclosure defense, Max Gardner.

Here’s my post which includes a copy of the Order. It really is one of my favorite of all time and I really want to recognize the good judge that spun the tale with good old fashioned judicial smarts….very Oliver Wendall Holmesesque, huh? (Holmes was an Associate Justice of the United States Supreme Court who developed a real reputation for shooting real straight and telling the real truth even in really big, big cases.)

And that’s the thing about the Phillips v. US Bank Order…it’s just honest, simple truth. The American people bailed out the failed banks to the tune of hundreds of billions of dollars…and what did we get?  Well, Geitherner and Paulson and all the Fat Cats claim they saved us from Economic Armageddon…but we’re still just kicking that can down the road…Fannie and Freddie are still standing with their hands out asking for billions so they can turn around and give hundreds of millions to their executives….and what did we get?  What did Otis Phillips get?  Otis got, and we’re all continuing to get….totally shafted by all this.

I stood there in court just yesterday and I frankly felt sorry for the Robo Perjurers that the banks were trotting up as witnesses in their “trials”. Now granted, there were no defense attorneys cross examining these witnesses, but these minimum wage “Vice Presidents” and “Litigation Specialists” had better think real hard when they start testifying about what they know under penalties of perjury when they’re subject to cross examination.

Which gets back to the Order and Alice’s Restaurant.  Now if you’re not familiar with Alice’s Restaurant, that’s not really the name of a restaurant, it’s just the name of the song.  Click here for a post I did on the song a long time ago and keep the song turned on while you think about the song and how it applies to where we are today…..

You see Alice’s Restaurant became a very popular protest song during the Vietnam era.  It describes the maddening absurdity this country suffered during the international tragedy that was the Vietnam War….and I again suggest that it’s time to resurrect Alice’s Restaurant as our theme song…..

The good judge Dennis Blackmon recognizes the Order and I celebrate this good judge for his Order!

Now what would happen if judges all across this country started writing orders like this?

Telling the truth.

Saying what you and I feel.

Now what if we all began every foreclosure trial or hearing by quietly saying,

“You can get anything you want, at Alice’s Restaurant”

GOD BLESS JUDGE BLACKMON.

I spend a lot of time on this blog talking about what is wrong and frankly not enough time talking about what things are right.  For those of you who seek information about yesterday’s trial, Indymac v. Davis. At this point in time, I can report that the case was resolved in a manner that was agreeable to both parties.

Above and beyond that I want to acknowledge the great professionalism demonstrated by Robert Kahane, Marie Montefusco and Laura Carbo, from the firm of Kahane and Associates.  Yes, I am a vocal and frequent critic of much of what goes on in foreclosure cases. Particularly in the heat of battle it may be difficult to acknowledge when good, ethical and professional work is being done by the opponents and their lawyers, but when it is done, it deserves to be recognized and respected. This firm fought hard and tough for their client, and at the end of the day their client and the firm worked very hard to come up with a practical and real world solution.

I especially want to recognize the personal attention and hours of personal attention devoted to this file but Robert Kahane, the lead attorney for the firm.  It says quite a bit about the firm when the named attorney personally devoted as much time to a file as this attorney did.  The plaintiffs in the hundreds of thousands of foreclosure cases pending across the state would be far better served to have a firm like Kahane’s putting their full weight into the files.  The Florida Legislature and courts have devoted millions of dollars and untold resources to establish platforms for the resolution of foreclosure cases…such resolutions are going to be directly dependent upon the lawyers representing both sides to work together for the benefit of both their clients.

I’m very pleased with the outcome in this case, and have learned important life and professional lessons as a result of the experience.  I will endeavor to be even more fully engaged and involved in each of my files and devote whatever time it takes to pursue exhaust all settlement opportunities at all times.  I will always carefully examine my conduct and that of my attorneys and staff to make sure we are fulfilling every one of our important obligations to the court and to the judges who ultimately supervise these cases.  At the end of the day, an advocate has an absolute obligation to earn the respect of the judge and the court every single time he or she appears in the courtroom.

For advocates and clients alike, on a very practical basis, I encourage every one of you to keep very accurate and detailed notes of dates, times and events, especially as it relates to attempts to obtain modifications and otherwise settle.  Even if you’ve tried and tried again and again, we’ve all got an obligation to keep on trying.  Keep submitting the paperwork, keep making those phone calls, keep responding to every single request from the lender.  The requirements that the Plaintiffs in these cases are operating under change on a regular basis and many of the requirements are simply out of their control.

Finally, I want to express sincere thanks to all the attorneys and staff that provided direct and invaluable assistance in this case.  Most especially, Mark Stopa and Jon Coats who sat with me through trial.  These are two excellent attorneys who practice exceptional foreclosure defense.  I also want to thank all the JEDTIS, April Charney  and Ice Legal for their input and practical advice.

The fight goes on!

Any week when we get judges applying the law and dismissing the foreclosure garbage is a good one, but when we get TWO ORDERS in one week

FROM TWO SEPARATE CIRCUITS…HELL THAT’S DAMN NEAR EXTRAORDINARY!

It seems crazy that we should make such a big deal when judges actually apply the existing laws to foreclosure cases, but given the widespread abuses of the foreclosure mills and, with all due respect, either the failure of judges to understand the particularities of real estate law or worse, knowing the law and ignoring it as applied to foreclosure cases, but this is the case.

Anyway, Greg Clark is among the best Foreclosure Defense attorneys in the state, a true statesman in the fight and a vocal and brilliant opponent of the whole MERS scheme.  Contact Greg here for more information about these complex arguments.

More importantly, read his clear and brilliant Orders that dismissed foreclosure cases and which were GRANTED, just last week:

Mayher

Nuckols

Judges across this state need to be educated on the issue of “Dropping the Lost Note Count“.  This is yet another widespread practice that has infected our court systems, but the process IS NOT SUPPORTED BY CASE LAW.  More importantly, Final Judgments granted based on cases where the Lost Note Count was dropped are subject to title challenges for decades to come….stay tuned on this one! (Search this blog for “Lost Note” for a detailed explanation of the problem)

CONGRATULATIONS GREG- THE GOOD FIGHT CONTINUES!