Posts Tagged ‘help with foreclosure process’
Doing My Part to Help Get Those 62% of Foreclosure Cases Dismissed!
Author: Matthew D. Weidner, Esq.
We all need to be doing our part to help our courts fulfill the directives to get this foreclosure docket moving and get 62% of the cases concluded. The problem we have right now is all of the attention seems to be focused on reaching that 62% goal by granting Summary Judgment. Given the current state of affairs of document chaos that exists in most courts, I believe granting Summary Judgment is not the responsible path to achieve this goal.
First, I believe the foreclosure process, as it is currently being implemented, is so fraught with questionable practice that continued entry of these judgments in many cases is not appropriate from a procedural, evidentiary and technical basis. Second, even if an individual case were ripe for entry of Summary Judgment in so many cases (and certainly on a cumulative basis), it would serve no useful economic purpose to grant Summary Judgment. That home is far better off with the current resident occupying it and maintaining it than if foreclosure were concluded. Finally, I’m convinced that there are going to be a significant number of Summary Judgments entered during this period that should not be entered (and that the Plaintiffs do not want entered) because the Defendants are in formal work out arrangements with their lender. I am concerned that foreclosure sales will be scheduled and Certificates of Title issued before anyone realizes that the entry of Summary Judgment was not appropriate given the facts.
The Real Cause of the Foreclosure Backlog
The far more compelling issues of foreclosure backlog are those files have stalled or been abandoned by the Plaintiffs, either from neglect or because they cannot tie the evidentiary pieces together that are necessary to make a prima facia case for foreclosure. I am convinced that if our clerks culled the docket and researched the files, they could far more quickly (and more fairly) achieve the 62% reduction goal by dismissing cases. In addition to the equitable principles involved, there are important legal and appellate principles involved which argue much more strongly in favor of dismissing the cases and allowing the Plaintiffs to proceed after they have gotten their documentary house in order and confirmed that the file really is ready for foreclosure or summary judgment.
I’ve just finished going through every file in my office and am drafting motions that will help to effectuate these goals….I share with you and encourage you all to examine your files for similar facts and legal issues:
HAMERSMA – Mt to Effecuate Master Order
HAMERSMA – Cases for Master Order
CALL TO ACTION- FLORIDA’S RACE FOR ATTORNEY GENERAL
Author: Matthew D. Weidner, Esq.
The upcoming election will be important for us all, but for those of us in the foreclosure fight, the most important race to watch will be for Florida’s Attorney General. The Attorney General of Florida is this state’s top law enforcement officer. The office is currently investigating a whole range of improper and probably illegal conduct that is being conducted on a wide ranging basis by the foreclosure mills. These investigations will continue regardless of who wins the race for attorney general, but how hard these investigations are pressed can be influenced by YOU!
The abusive conduct that is being engaged in by a whole host of players is being ignored by judges, the Florida Bar and just about anyone else in a position of power who could be standing up to fight for Floridians, but at least Florida’s Attorney General is showing some concern about this incredible abuse of the legal system. After last week’s primary races, there are two candidates for Attorney General and one of these candidates will be elected come November. The two candidates are:
and
I want each of you to visit the websites above and carefully review each candidate’s profile and position statements. In reviewing the websites, I am most encouraged by Gelber’s attention to the mortgage crisis because it at least shows this is on his radar screen.
Here is what I want all of you to do…..write to each of the candidates and express your concern about the foreclosure process. Tell your personal stories and ask the candidate to express strong positions on the abuses of the foreclosure mills. We need to get them locked into positions now so that they cannot be influenced by the foreclosure mills and their cash later down the road.
JOIN EACH ONE OF THE CANDIDATE’S FACEBOOK PAGES AND AGGRESSIVELY REACH OUT TO THEM. IF YOU HAVE CASH TO SPARE, PLEASE CONSIDER MAKING A SMALL CONTRIBUTION TO THE CAMPAIGN.
SPEND A FEW MOMENTS OUT OF YOUR TIME TO GET ON THE RADAR SCREEN OF THESE CANDIDATES.
GETTING INVOLVED IN THESE RACES IS THE MOST IMPORTANT THING WE CAN DO TO INFLUENCE THE FORECLOSURE PROCESS. PLEASE POINT TO THIS THIS WEBSITE AS GENERATING INTEREST IN THIS CAMPAIGN AND BE PREPARED TO GET AGGRESSIVELY INVOLVED!
