One of the worst things about the whole foreclosure fiasco is how the judicial system has wrecked our nation’s real property and recording system. By caving to the banks with all their wanton fraud, corruption and incompetence, the courts failed to respect the dignity of the record title system.
In this particular case, we represented a second lien holder. We came to court ready to have our day in court…but the judge fell for a silly “trick” by the bank’s attorneys. The “trick” they pulled was to just announce,
“Judge we dismiss Mr. Weidner’s client from the lawsuit.”
(And they all sat their snickering as if they’d played some wonderful little magic trick…except that..well, it doesn’t work that way.)
I warned the judge that he shouldn’t fall for their silly little trick and that merely dropping us from the lawsuit wouldn’t make us magically disappear…any more than pixie dust can make a mortgage magically disappear. I told the judge that any judgment would be void, which prompted this exchange:
The Court: So who is going to tell me this is a void document? That’s my question, other than you?
Mr. Weidner: There’s a place over in Lakeland. (I’m referring to the appellate court)
The Court: And how is Lakeland ever going to see this case? They’re not going to appeal it. You’re not going to appeal it because you’ve been dropped as a party so you have no interest.
So here’s where it get’s really good….The Plaintiff itself admitted I was correct and asked the 2nd DCA to relinquish jurisdiction.
Read the pleading below: