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Foreclosure Defense Florida

A Florida Judge That Gets It! “Unfortunately, very few … borrowers actually have lawyers,”

By September 19, 20113 Comments

mired-in-foreclosuresTwo Stories from Today’s Wall Street Journal…the problem is these stories reflect the great peril that we are all in due to the misdeeds of the banksters.   Our courts and our country’s entire consumer financial system is mired in a deep, dark muck.   The evidence of crimes and corruption, malfeasance and greed abound in every single courtroom and on every single street in America.   And yet, still you will be hard pressed to find any real sentiment to support punishment or even a true accounting of all the wrongdoing….well, sure there is New York AG Eric Schneiderman and Elizabeth Warren.

But how in God’s name have we not heard one peep out of the President of the United States or any candidate?   How is it that Florida’s AG is completely radio silent on this issue?   How is it that courts all across this country still churn through foreclosures in the face of all of this?   Isn’t that “moral hazard”?

After the robo-signing mess exploded last September, court officials in Florida, the nation’s busiest state for foreclosures, required lenders to swear that all the information in their foreclosure lawsuits was “true and correct.”

The new affidavits have made judges quicker to pounce on obvious flaws in foreclosure documents, such as when the loan amount doesn’t match the number included in the lawsuit. But some judges say the foreclosure process suffers from broader problems beyond their control. Wall Street Journal

And

The foreclosure system has slowed most of all in states where courts are aggressively scrutinizing paperwork submitted by loan servicers when they move to seize homes. In New York, Chief Judge Jonathan Lippman issued an order last October requiring lawyers for mortgage companies to sign affidavits affirming that documents from their clients were accurate.

New York State has the lowest foreclosure-completion rate in the U.S., according to 1010data.

U.S. officials say the legal settlement they hope to reach with the banks will help the nation’s housing market heal by allowing banks to eventually rev up foreclosures. But loan servicers still will clash with some judges who scrutinize whether foreclosure paperwork meets state requirements.

“I don’t see how any settlement is going to … bind a judge anywhere,” says O. Max Gardner III, a lawyer in Shelby, N.C., who represents borrowers in bankruptcy cases. (Wall Street Journal)

3 Comments

  • Karen says:

    Matt, it is a bit frustrating when links in your blog posts are “subscription only” access.

  • mssanchez says:

    Not only are banks getting away with fraudulent foreclosure but a close family relative ie; ex father in law. I had two attorneys who refused to allow my rights to due process.(pl never turned over one doc. To support their claim) and in the end I was threatened to sign waiver giving all rights all equity (and by the way here is a few bucks cuz we know ur broke and desperate).and future rights to sue. How can a domestic abuse survivor fight for what is legally just and true when even the attorneys she begs to help do nothing! By the way my ex spouse?? Keeps the house to this day. Anyone have advice or can lead me to anyone who cares, I even have all the docs. proving perjury if only I had someone in my court who actually cared, I would not be homeless and on foodstamps while my ex socks money into the home due to be paid off in two more yrs. How could a legal system allow this type of foreclosure? It was so obviously conspiracy to commit financial abuse, and fraud but was so malicious and has left me a broken woman/ mother with only memories.

  • speakout says:

    The attorney’s should not be allowed to commit fraud.
    The judges should not allow evidence to be suppressed.
    The Federal government is a private corporation, incorporated in 1868. THAT is why they don’t do anything to help the people. They just want our money to fatten the pockets of their bankster friends that run this country. Time to throw ALL the bums out. Forget elections, you only have a proxy vote, no say in anything.
    This country’s “government” is a sham, and we’ve all been had!
    We need to demand a new government, a new monetary system, at zero interest to us, and recompense for the last 150 years of fraud perpetrated on the innocent people of this nation that have been lied to and duped into thinking we are “free”. Stop sending money to the federal government. We need to let them go bankrupt, just like they let millions of Americans who have suffered through this planned downturn. A judges pension should not be riding on the outcome of a case.

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