Posts Tagged ‘millionaire foreclosure mills’
How Can David Stern’s Office Just Ignore The Florida Supreme Court?
Author: Matthew D. Weidner, Esq.
One of the most frustrating things I find in the current foreclosure crisis is watching the big foreclosure mills just trample of the rights of real people and just ignore case law, rules of evidence and rules of the Florida Supreme Court. I just cannot understand how they have been permitted to get away with it on such a massive scale. I mean, what if lawyers just announced they would be ignoring rules of civil procedure….oh wait, that’s exactly what DJSP did with the following disclaimer in the SEC Prospectus:
The Supreme Court of Florida has recently taken an active role in ensuring that proper documentation is filed in a
foreclosure action by amending several rules of civil procedure and pertinent forms related to foreclosure actions filed in Florida….
However, DJS may not be successful in complying with these new rules.
Next, read carefully the attached Motion for Rehearing. In it, Stern’s office attempts to justify ignoring the valid rules of the Florida Supreme Court. The Supreme Court provided their response to this argument when it released the following response:
The motion for rehearing on in the alternative is hereby stricken as untimely.
(Apparently the words “shall become effective immediately upon release of this opinion” didn’t make it clear enough)
Now, when no less an authority than the Supreme Court issues an Order interpreting issues relating to their own validly-enacted rules, you would think that would be the end of it right? Well, apparently that’s not the case. Stern’s office makes a strained argument that somehow the Rule is not effective. Forget about the fact that Strern’s office didn’t even file any request for rehearing or clarification….if they took issue with the new Rule, why didn’t they file a response or request for rehearing? They did not. So what should be the sanction if Stern and other mills have taken a gamble on a creative interpretation of court rules or procedure and that gamble is not correct?
I am of the opinion that entire circuits should adopt programs like the one adopted by the Twelfth Circuit where the court reviews complaints and dismisses them on its own motion if they are not in compliance with the rule. I frankly cannot understand why taxpayer dollars should be used to subsidize knowingly improper conduct by the Millionaire Foreclosure Mills or why this conduct goes on with no sanction.
Our judges are under incredible political pressures to clear their foreclosure dockets and dismissing cases when the millionaire foreclosure mills knowingly violate the rules and waste judicial resources is an appropriate sanction that could generate millions of desperately needed revenue for our courts and their overworked staff. I have yet to have Stern’s office set one of my Motions to Dismiss on this issue for hearing, but I promise I’ll be loaded for bear and I will have a court reporter present if they ever develop enough confidence in their argument to set it for hearing.
Well, enough of my editorializing, read the work below, tear it apart and please share your comments and insight. I hope that by sharing this Motion and argument we’ll all be better prepared to oppose these positions.
David Stern- Motion for Rehearing
David Stern- Memo in Support of Motion to Dismiss
David Stern- Opposition to Motion To Dismiss
David Stern- Motion to Dismiss Non Verified
Finally, on a related topic, read a recent Palm Beach Post Article on Fraudulent Assignments of Mortgage it provides an interesting counter point to the detailed and researched reporting that appeared in today’s Mother Jones news. We’re all in this fight together people. Remember, they’re our courtrooms…..not theirs!
Foreclosures Are A Slow Speed Catastrophy Our Courts Are Allowing To Continue
Author: Matthew D. Weidner, Esq.
The foreclosure “crisis” is often described as a “wave of cases” or an unprecedented amount of cases that are backlogged. The companion statement is always that our courts must do something to deal with the crisis…i.e. push the cases through.
We all need to be changing the message from “push the cases through” to “slow down and make sure the cases are done correctly”.
Have a read of an excellent article from my friend, Lisa Epstein at 4closurehamlet.com that appeared in the Palm Beach Post. I want every person out there to make a commitment to make contacts with one reporter a week, somewhere, anywhere to share the stories….let’s get more out there.
The bottom line is this:
Our courts should not be burdened by millionaire foreclosure mills filing slop in courtrooms, sending uninformed attorneys in with no knowledge whatsoever of their cases. Our senior judges cannot just have this dumped on their laps for a mere $350 a day.
THE BURDEN TO PROPERLY PREPARE AND PRESENT A FORECLOSURE CASE MUST BE PLACED SOLEY ON THE PLAINTIFF AND NO DEFENDANT, NO COURT MUST LIFT A FINGER UNTIL THAT FILE IT PREPPED UP, ALL FACTS AND EVIDENCE IN ORDER AND READY TO GO
This is essentially the issue I’m arguing in the 5th DCA on Thursday. Sloppy Plaintiff practice is being not just tolerated, but affirmed and consented to by courtrooms because, “We’ve just got to get all these cases through”
NO WE DON’T! Who benefits from swift and sloppy justice? David J. Stern and his investors, David J. Stern Enterprises and all the other slop producing foreclosure mills that show profound disrespect for the law, for the courts and for judges with their insultingly unprofessional and sloppy legal work.
Fight the fight, keep up the good, honest and ethical work. Make your pleadings and motions and discovery clean, tight, accurate. Focus on real issues. Don’t waste time or your credibility with the courts by engaging in delay tactics…help the courts by boxing Plaintiffs in when the case is not there and push the plaintiffs to trial.
Foreclosure Courts That Uphold The Highest Ethical And Professional Standards in The Land
Author: Matthew D. Weidner, Esq.
Far and above the finest, most aggressive and most principled foreclosure lawyers in this state are the attorneys working at Ice Legal in West Palm Beach, Florida. Next to the nationally respected pioneer in foreclosure defense, April Charney from Jacksonville Legal Aid, no single group of lawyers has done more to advance the cause of foreclosure defense and to protect the core and substantive rights of consumers than Tom Ice and the fantastic lawyers he has working with him.
The members of the Ethical and Principled Foreclosure Defense Bar, consumers and indeed all across this state have benefited immeasurably because of the exceptional legal work they have produced. If you’ve had a chance to review any of their pleadings or taken the time to read any of the numerous depositions they’ve taken, you should appreciate the attention to detail, the crisp and clean nature of the pleadings and the precision of their application of the law to the unique facts of the case.
With all that being said, as a member of the Ethical and Principled Foreclosure Defense Bar, I am frankly deeply troubled by reports I hear on a regular basis that seem to suggest some courtrooms across this state are leaning too much in favor of “pushing through this foreclosure crisis” than carefully considering the important ethical, social and jurisprudential consequences of sloppy, inaccurate or fraudulent legal work. So called “Rocket Docket” or “Foreclosure Gas Chambers” that have been set up in circuits across the state are ratifying and confirming the development of institutionalized processes and procedures that encourage the production of sloppy, inaccurate and potentially fraudulent legal work product.
The bottom line is this, if the foreclosure mills know their cases and evidence submitted will not be subject to the kind of proper judicial scrutiny that cases involving the confiscation of a consumers home should be subject to, will they cut ethical and legal corners that they would not otherwise cut?
In my mind, the answer is clearly yes. I am quite certain that when the Millionaire Foreclosure Mills produce their work product, they pay particular attention to getting their facts right when submitting cases and evidence before the judges of the sixth, twelfth and thirteenth judicial circuit, courtrooms which are known to be presided over by judges who are tough, focused on details and facts and holding the lawyers that practice before them to the highest ethical and professional standards. There are certainly other circuits in this state of which the same can be said, but I know this about these circuits based on my first hand experience.
Which brings us back to the unusual and troubling circumstances we hear reported about in other areas of the state, particularly South Florida and particularly Palm Beach County. The dockets are particularly crushing in those areas, but we must remember that each case represents just one person or just one family. That 84 year old sick woman, or that illiterate migrant worker that is a defendant in a foreclosure case should not be affected by the “foreclosure crisis”. Indeed his or her Constitutional rights must be zealously protected the Court Sitting in Equity just as if this were the only case pending before the court.
Which brings us back to the comments about the detailed and exceptional work produced by Ice Legal. I attach here an example of the kind of work produced by them. I encourage all advocates, and especially members of the Bar and Bench, to read and consider the matters asserted in the motion carefully. I urge us all to consider that everytime we step into a courtroom, whether it be for a small claims case, a death penalty case or a terrorist trial, the same rules and principles apply. That imposing and awe-inspiring court shown above should be in each of our minds every time we step into a courtroom and we should all be asking ourselves, how would these learned judges sitting below view my conduct in this case? And with that in mind, I urge each to read the attached motion:
SUPREME COURT SMACKDOWN! THE FORECLOSURE MILLS STILL TELL THE SUPREME COURT THEY DON’T CARE ABOUT THEIR STINKIN’ RULES
Author: Matthew D. Weidner, Esq.
What if the Florida Supreme Court issued a Rule and lawyers ignored it? We’ll find out now that things are explicitly clear. You see, the Millionaire Foreclosure Mills have been ignoring the rule, based on a patently absurd and completely without merit argument that the Rule was not final (forget that it is titled “Final Rule”).
You don’t need to be a lawyer to read the Rule and understand that their willful failure to follow the rule based on an argument that had ABSOLUTELY NO MERIT WHATSOEVER. It makes me furious that this argument was being picked up by news media and even some judges. (See Sarasota Tribune article here.)
So now that things are 100% totally, crystal clear are courts going to
START ENFORCING THE LAWS OF THE FLORIDA SUPREME COURT?
Read the Order Denying re-hearing here:
Florida Supreme Court DENIES Foreclosure Mill
Read the text of the rule below. I challenge anyone to come up with a legitimate explanation of how the verification requirement could be interpreted by anyone with a 8th grade education, much less a legal education, in any way other than the rule says what it says and it is effective February 11, 2010.
So what about the tens of thousands of cases filed by the Millionaire Mills in willful violation of the rules of the Florida Supreme Court? Well, have a little looksie at this Rule and apply it to this situation:
Florida Rules of Civil Procedure 1.420
(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication on the merits.
BUT HERE’S WHERE IT GETS GOOD:
(d) Costs. Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action. If a party who has once dismissed a claim in any court of this state commences an action based upon or including the same claim against the same adverse party, the court shall make such order for the payment of costs of the claim previously dismissed as it may deem proper and shall stay the proceedings in the action until the party seeking affirmative relief has complied with the order.
So let’s get out there and get those cases and help the Millionaire Mills give a little something back to our court system with new filing fees, and give something back to consumers when they are forced to pay attorney’s fees to dismiss cases that should never have been filed.
Cities and County Governments Stand to Collect Millions on Behalf of Taxpayers From the Foreclosure Mills
Author: Matthew D. Weidner, Esq.
Cities and counties across the state stand to collect millions of dollars in fees from the foreclosure mills because they either ignore out of ignorance or omit because they are unaware of lien laws, municipal liens that are recorded in counties all across the state.
I am aware that Pinellas County and the City of St. Petersburg have documented millions of dollars in uncollected municipal liens. It’s time for taxpayers to demand that this money be collected from the MILLIONAIRE FORECLOSURE MILLS AND THEIR TITLE INSURORS.
To be clear about the issue. Valid and enforceable liens are recorded against properties and the mills just don’t name the lien holders, whether they be the City or the County. Even though the mills are ignoring these liens, they exist, they are there and they cannot be ignored when they are attacked at any point in time subject to the statutes of limitations.
Stay tuned for more on this issue…it’s where the real financial impact of this foreclosure chaos will start to pay recoveries for those impacted by the foreclosure crisis chaos.
For now, be sensitive and aware of the facts that the Millionaire Foreclosure Mills and the Fat Cat Wall Street bankers are avoiding paying legitimately assessed liens. Contact your city and county commissioners and code enforcement staff and find out what is being done to collect this money. Forward this blog post to your elected officials, particularly those at the city and county levels and ask them to inquire of their legal staff what is being done to enforce these liens.
IN THESE LIEN BUDGET TIMES, EVERYDAY TAXPAYERS CANNOT AFFORD TO ALLOW THE MILLIONAIRE FORECLOSURE MILLS TO PROFIT AT OUR EXPENSE.
Thousands of Foreclosure Judgments Are VOID (But Courts Will Receive Millions in Additional Funding For This Problem!)
Author: Matthew D. Weidner, Esq.
A constant theme I hammer on in this blog is that this wave of foreclosures is making a mess of our judicial system. In a perceived need to rush through the foreclosure “crisis“, (a crisis created by the parties who are demanding an unreasonable share of scare judicial resources), the lenders and their Millionaire Foreclosure Mills are ignoring long-established rules of professional ethics. They’re ignoring basic rules of evidence and case law. They’re engaged in a pattern and practice presenting at best questionable evidence and more likely of systematically lying to judges all across this country by adopting practices to create evidence which is not legitimate. They can apparently just ignore the rules and laws of the Supreme Court of Florida.
The Millionaire Mills Cannot Ignore the Title Insurance Claims That Will Start Rolling in Based on The Issues Contained Within This Post.
Our elected judges have been given an impossible task as thousands and thousands of cases are dumped on their laps but they’re given no additional support to move things along or to ensure the job is being done correctly. It pains me to see the additional pressures being placed on their staff as they scramble to meet the onslaught. Who benefits from all this?
THE FAT CAT BANKERS AND THE MILLIONAIRE FORECLOSURE MILLS- My courts have become something that resembles a sloppy fast food restaurant all so that the Millionaire Foreclosure Mill attorneys can buy themselves a few more Ferraris, (apparently that’s the car of choice).My underfunded and underpaid court staffs drop everything to scheduled telephone hearings, sort through missing and misfiled paperwork, manage the Mill’s foreclosure docket as part of a concerted effort to move the docket through for the mills. The files that are being pushed through are a disaster. Lurking within many of these files are title problems and legal claims that will be getting sorted out for years to come. Some of these problems are only potential problems…..litigating them and proving them out will take years and frankly they may not be litigated at all. Other claims (such as those from third party creditors) will be deemed to questionable to carry out so they will be ignored.
THERE IS ONE CATEGORY OF CLAIMS THAT CANNOT BE IGNORED-
THOUSANDS OF FORECLOSURES THAT HAVE BEEN PUSHED THROUGH BY THE MILLS AFTER THE COURT HAS ALREADY DISMISSED THE CASE!
I attach here the Motion I filed which details the issue. I’ve been sitting on it for a while, continuing to do research, meeting with other attorneys and discussing the issues with different title insurance underwriters. NOT A SINGLE ATTORNEY HAS DISPUTED THE FACTS CONTAINED WITHIN THE MEMO. We’re arguing over what the impact of this issue is, but one thing is certain.
THERE IS A MASSIVE HEAP OF FORECLOSURE JUDGMENTS AND FAILED TITLES TO REAL PROPERTY IN PINELLAS COUNTY IN PARTICULAR
I don’t know what’s happening in other counties, but the court docket in Pinellas is full of these sorts of cases. I am searching for the cases now, and encourage any of you pro-se people and attorneys out there who are researching dockets to pay real attention to this one and forward examples to me. Keep in mind that this problem was caused by the Plaintiff’s firms themselves. They jammed these cases through. They created Affidavits in Support of Summary Judgment where they swore to the Court that there were no issues of law or fact that prevented the court from entering judgment. They were either careless, reckless or thought they could just get away with it. They cannot and here are just some of the consequences of this problem:
- Thousands of people who think the lost their homes have not lost their homes. (They are still the equitable/legal title owners of the property,)
- The Final Judgment of Foreclosure that granted the foreclosure sale is not Final, it’s Void. (That means is has no force or effect.)
- Second mortgage holders or lienholders who thought they were wiped out through the foreclosure are now attached to the subject property. (Some will take higher priority based on fraud and problems with the first.)
- Property owners who think they own a home they bought REO or at a foreclosure sale, are holding worthless title. (Get read for big claims on the title insurors.
- Thousands of “active” cases that are sitting on the Pinellas County foreclosure docket are dead, they’re dismissed. The court can take no further action on them. Show the docket cleared, move on to new cases.
- The Pinellas County Courts will receive hundreds of thousands of dollars in new filing fees if the Plaintiffs do in fact re-file their cases in order to correct the problems they’ve caused.
- Many of the questionable “legal” strategies employed by the Plaintff’s firms in the beginning of the wave are going to be re-examined and found improper.
- Much of the improper evidence and questionable documents that were submitted in the early stages of the wave will be examined (for the first time) and appropriate action can be taken to sanction the improper conduct evidenced by the introduction of such evidence.
Attorneys and advocates, examine your cases. All of you other people out there, particularly you bright legal scholars….pick this Motion apart and please post any critiques of this Motion here publicly. The Motion is posted here below…..please read it and let me know what you think….the tide has definitely turned…..
