Foreclosure Defense Florida

BOMBSHELL- Make sure you know who’s Defending Your Foreclosure!

I’ve been sitting on this one for a while, but now that an article has been published in the Daily Business Review, it’s time to let the cat out of the bag.

The questionable ethics that are on full display amid this foreclosure crisis are staggering.   Fake evidence, fraudulent claims, total lack of respect for the courts and judges…all that’s bad….real, real bad, but potential conflicts of interest that put clients in jeopardy….that goes far beyond and violates the fundamental principles of our profession.

Read for yourself the pleadings filed here and the article here.

Why have the foreclosure mills and their associates been given blanket exemptions from ethics rules by judges and the Florida Bar?

Why are attorneys still submitting affidavits and assignments with no personal knowledge?

Why are “attorneys” routinely showing up to court for dozens of hearings without even their own case file in hand, much less any knowledge of the facts in the case they’re arguing?

Why are foreclosure mill attorneys continuing to schedule Motions without first trying to resolve the matters AND CERTIFYING TO THE COURT THAT SUCH CONTACTS WERE MADE?

Why are foreclosure mills setting hearings and not coordinating with opposing counsel? (You can stop this practice by requiring that ALL your hearings be coordinated in writing. Evidence that this is your established procedure can be submitted to the court when you later don’t get notice of that hearing.)

Why are the foreclosure mills permitted to make millions in profits while our judges, JAs and consumers suffer through impossible efforts to communicate with these MILLIONAIRE MILLS?

I could go on forever here, but….read the pleadings….great work once again Ice Legal.

One Comment

  • Andrew says:

    It would seem to me that the proposed “anti-judicial state” bills would violate Florida’s constitution. Mainly:
    1. SECTION 2. Basic rights.–All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property;

    2. SECTION 9. Due process.–No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

    and…

    3. SECTION 21. Access to courts.–The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

    And that if the bill does pass, a lawsuit could make it’s way up the chain very fast because it would be of “significant public importance” and wind it’s way up to the Supreme Court for judgement of whether it is constitutional or not via the powers given the Supreme Court in the state constitution as follows….

    (b) JURISDICTION.–The supreme court:

    (1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.

    (2) When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.

    (3) May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional or state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law.

    (4) May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of appeal.

    (5) May review any order or judgment of a trial court certified by the district court of appeal in which an appeal is pending to be of great public importance, or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the supreme court.
    ——————————
    So, in the end, I am thinking that the Supreme Court be put on notice to consider the legislation quickly as to constitutionality and that this may be the homeowner’s last hope.

    What do you think Matt?

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