Im sorry, but even as a foreclosure defense lawyer I have to disagree here.
You consistently mock the “must clear the foreclosure backlog” statement; but what other solution is there? Continue to dump non-existent money into the courts to let cases pend 5+ years? This is 90% of the problem; not the volume of cases, but how long that volume of cases stay in the court system.
I am not saying that the rush on the cases and the rush that these “foreclosure trials have become are not shams. But we have defense lawyers dragging out cases 5 years that should take 1 year max. Part of the problem IS the defense lawyers. Part of the problem is bank lawyers who don’t move cases, yes I get that too.
To clarify, while you may not, and I do not, plenty of lawyers are billing monthly and stalling cases are in their best interest. Filing extension or time after extension of time; not because more time is needed, but purely as a delay tactic they know they can get away with. This is unethical conduct on the defense lawyers’ parts if you ask me to intentionally delay proceedings when the basis of the extension is BS to begin with and not based in good faith.
So half of the problem is the defense lawyers delaying cases to the point that the courts MUST move them. Again, not to say that I agree the court has any right to set a case for trial sua sponte either. And not to say the bank lawyers forget about cases for months at a time either. But the court definitely has grounds to push the parties to settle or move the case when it ties up the court system for years at a time; multiplied by hundreds of thousands of cases.
Second, you continue to say “the poor homeowners being thrown out.” They didn’t pay their mortgage!!! If I do not pay my cell bill my service gets shut off. If I do not pay my electric bill the service gets shut off. If I do not pay my mortgage, I go into foreclosure! I mean what did these people expect? And no, not all were told to stop paying their mortgage so that is no excuse. In fact the majority of foreclosures I have seen the homeowner couldn’t afford their mortgage, period.
And no, the bank has no ultimate duty to give EVERY person a mod or try to help them keep their house. Yes, I understand the mortgage settlement blah blah; but this settlement does NOT state EVERY mortgage gets modded. Only a certain number per the settlement terms. Whether you agree with the settlement is another story. But there is no inherent right to aid from the bank and to get a mod to keep the property.
I’m just getting tired of hearing about the “poor homeowner” constantly. If you cannot afford your home, you should not be a homeowner; or should find a cheaper home that you can afford. I’m sick of people defending to the death only those who DO NOT meet their financial obligations. Yes, I have heard all of the sob stories too, and things do happen in life, but that does not mean ANYONE is entitled to aid. Aid is given as a courtesy not a mandate of any known rule or law that I am aware of.
Hard working individuals who pay their debts are paying for this all over the board, especially in taxes. Taxes that could go to better uses like healthcare programs, funding state and city governments and projects, etc. Not to aiding people who didn’t pay their obligations and to courts to deal with these people.
Finally, the default rate of modified mortgages in 2009 is over 40%!! Clearly, this is not a case of the “poor victim homeowner” who just needed a break and a lower payment. These are people who simply do not and cannot manage their finances and do not pay their obligations in life. It is clearly evident that all of that money used to help these homeowners (OUR taxes) was for naught, and that dumping millions into these programs and the courts simply is not helping the situation. It is more than the “evil banks” and “evil courts,” it is the very people you stand here and defend that are a good majority of the problem itself.
