Posts Tagged ‘pinellas foreclosure attorney’
CASE(S) DISMISSED- We Have a Responsibility to Help Our Judges!
Author: Matthew D. Weidner, Esq.
Across this state, our judges–both elected and retired, who are now presiding over foreclosure cases are dealing with enormous pressure to clear the dockets. They’re receiving it from our own Supreme Court and especially from the legislature that holds the court’s purse strings.
This pressure, especially from the legislative branch is an unprecedented and improper intrusion onto our judicial branch and the long term implications of this pressure are very disturbing. Having said that, there is a real problem in our courts caused by these foreclosure cases that are stalled, forgotten, stagnant.
What is missing from most of this debate over clogged up and bogged down courtrooms is the fact that the clog and bog is caused not because our judges or their staff are not doing their job or because pro se defendants or defense attorneys are delaying the process.
I BELIEVE THE GREATEST SOURCE OF DELAY IN THESE CASES IS THE FORECLOSURE MILLS AND LENDERS EITHER AFFIRMATIVELY DECIDING NOT TO PURSUE THE CASES EITHER BECAUSE THE LACK THE EVIDENCE OR AUTHORITY TO PURSUE THE CASES OR BECAUSE THE ALLEGED PLAINTIFF DOES NOT WANT TO PROCEED WITH THE CASES.
Many of our judges are intently focused on trying to fulfill the mandates to clear the docket by granting summary judgment, what we need to be doing, and what we need to encourage our judges to consider that the other alternative to clearing the foreclosure docket is to dismiss those cases that do not meet the requirements to proceed for any number of reasons, because they do not meet the basic evidentiary or pleading burdens, because the cases have languished, because the documents or evidence submitted are facially questionable or for any number or other legitimate reasons to dismiss these cases.
A key factor to consider in all this discussion is the fact that literally millions of dollars in taxpayer revenue is being spent by judges, judicial assistance, clerk of court staff checking and double checking the files and work of the foreclosure mills. The work of these mills and “attorneys” has proven time and time again to be substandard, illegitimate, sloppy and frankly not worthy of consideration by our courts.
AS A TAXPAYER AND A STRONG PROPONENT OF OUR COURTS AND JUDGES, I RESENT THAT MY TAXPAYER DOLLARS IS BEING USED TO DOUBLE AND TRIPLE CHECK THE WORK OF MILLIONAIRE FORECLOSURE MILLS- IF I WERE A JUDGE A FIRM WOULD GET ABOUT SIX TRIES TO GET THEIR WORK CORRECT AND ACCURATE, THEN IF THEY COULDN’T DO IT CORRECTLY, THE FILES WOULD BE DISMISSED.
The firms of course would be free to re-file, paying the new filing fee which would properly fund the work that goes into processing a file. Now doing this once or twice for each firm would certainly encourage accuracy, timeliness and respect for all the good work the judiciary does.
Importantly, these millionaire foreclosure mills and the lying lenders that have created such chaos in our courtrooms will be forced to bear some small fraction of the costs they have burdened our judges and courtrooms with.
Another key fact that supports this important new strategy is that refiling these cases will force the millionaire foreclosure mills to get their documents correct and will give our judges the time they need to review the cases properly!
For all these other cases, let’s do our part to move the cases along and move for dismissals…..see examples of how I’m doing this below and keep up the good fight!
BEWARE- REPORT MORTGAGE MODIFICATION OR FORECLOSURE RESCUE SCAMS!
Author: Matthew D. Weidner, Esq.
Consumers all across the State of Florida are being victimized by companies that take their money and promise results, but can do absolutely nothing for them. The agencies that could investigate and shut down these illegal operations could do so, but choose not to. It makes me furious. Just like the epic disaster we have brewing out in the Gulf, the government failed to act and now tragic consequences are the result. It’s time we all step up and demand more accountability from these elected officials. Do Your Part- Report All Examples of Foreclosure Rescue or Mortgage Modification Scams Here:
Florida Department of Financial Services
I have a special place of disdain in my heart for the Florida Bar. The Bar has sat idly by while this foreclosure crisis grips this state and have done very little. Attorneys licensed in this state have set up shady operations and bilked clients out of money—THEY SHOULD BE DISBARRED. Lawyers from out of state have taken millions of dollars from Floridians when they could do little or nothing for them—THEY TOO SHOULD BE DISBARRED. Unfortunately, getting the Bar’s attention often seems hopeless. For what it’s worth, here’s their number, please contact and report improper attorney behavior here:
RALLY IN TALLY- PINELLAS FORECLOSURE FIGHTER SPONSORS A BUS!
Author: Matthew D. Weidner, Esq.
For all you attorneys who’ve been banging your banging away at the abuses of lenders and fighting to keep our courts fair and respected. For all you Passionate Pro Se People out there who’ve been wondering what you can do to help save your home, your community, this country….GET ON THE BUS!
Wednesday April 21, 2010
Team Ice in West Palm has sponsored their bus and now one of Pinellas County’s toughest foreclosure fighters has generously agreed to sponsor a bus to make sure any attorney and homeowner who wants to go to Tallahassee and make his or her voice heard has the opportunity to get up there and meet face to face. One of the most inspiring things about all of this is seeing how the Defense Attorneys are all throwing their time, talent and treasure into this fight. We all share our ideas, insight and experience because doing so serves the interests of not just our clients but those folks out there who cannot afford an attorney and it especially serves the Constitution we took an oath to protect and the judiciary we respect.
We’ve already got meetings with key leadership…if we get our numbers up there, I’m betting, “The People’s Governor” and others will stop by to see what all the fuss is about
So what’s the deal?
WE NEED SARASOTA/PINELLAS/TAMPA PEOPLE
REMEMBER THE SPONSOR OF THE SENATE BILL IS MIKE BENNETT….LETS MAKE SURE SOME OF HIS NEIGHBORS ARE IN ATTENDANCE!
Remember the Freedom Rides of the Civil Rights Era?
Well, they say history repeats itself so send this link to every media outlet in your local area! Informed, they can capture for posterity this historic event.
Floridians from across the state gather together and make a pilgrimage to their state capitol to raise their voices in unison singing of the immoral, unethical, and illegal issues behind the national foreclosure crisis and global economic downturn. This is not just for homeowners! We are ALL reduced by the actions behind the mortgage frauds and scams. Tenants! Anyone who relies on any public service funded by our now shrunken tax revenues! Anyone owning any property at all, fully paid off or not. Any business owner! Unemployed family members! Credit card/bank account fees victims! Those with drained 401Ks and college savings accounts!
We will be heard as was the Florida Bankers Association on their own “Capitol Day” on April 7, 2010. But our collective voices will be a harmony; louder, clearer, and with a foundation firmly planted in the historical roots of our country as a nation for WE, THE PEOPLE!
Guess what? We are NOT boobs, chumps, doormats, dupes, easy marks, fools, goats, gulls, patsies, pigeons, pushovers, saps, scapegoats, schmucks, sitting ducks, stooges, suckers, victims, or weaklings,
And we MOST CERTAINLY ARE NOT “deadbeats”!
We have the bus and other arrangements well underway.
This is going to be A FREEDOM RIDE CIRCA 2010, reminiscent of the Civil Rights
Freedom Rides!
A pilgrimage to Tallahassee on the back of white horse of moral, legal,
ethical, and AMERICAN good!
Let’s stand up and be heard!
PLEASE RESPOND TO THIS POST IF YOU CAN ORGANIZE A GROUP AND WANT TO BE THERE WITH US….
IT WILL CHANGE YOUR LIFE AND THE LIVES OF MILLIONS ACROSS THIS COUNTRY!
Foreclosures In Pinellas- The Pace Continues!
Author: Matthew D. Weidner, Esq.
Foreclosure Sales in Florida and Pinellas County Lag
According to information obtained from Realtytrac, there have been a total of 484,635 foreclosure filed in the State of Florida in 2009, while there have only been 68,386 total sales of those properties during the same period. These numbers roughly track the numbers published elsewhere and point to a larger problem within the foreclosure market as more and more property are subject to foreclosure, but proportionally less of those properties are being liquidated or returned to the marke. The building backlong presents profound challenges for communities struggling to recover from already depressed housing prices. Until something significant is done to address the very real problems caused by this backlog, the crisis will continue in its progression.
A Slight Decrease in Foreclosure Filings
Florida reported 156,924 properties with foreclosure filings in the third quarter of 2009, a decrease of less than 1 percent from the previous quarter but still 23 percent above the level reported in the third quarter of 2008, according to the latest RealtyTrac® U.S. Foreclosure Market Report. One in every 56 Florida housing units received a foreclosure filing in the third quarter, the fourth highest state foreclosure rate in the nation. When the numbers of foreclosures filed is that high, the number that could be filed based on the numer of 60 day late mortgage payments would be exteremely hight.
Foreclosure activity in the Sunshine State was down more than 11 percent in September from the previous month to 55,036 properties with foreclosure filings, but remained elevated on a yearly basis, up 15 percent from September 2008. The state’s foreclosure rate was third highest in the nation for the month — with one in every 158 housing units receiving a foreclosure filing — 2.4 times the national average.
For guidance in your foreclosure caes, contact Matt Weidner at www.MattWeidnelaw.com
