4ClosureFraud posted an entry which cheered Florida’s AG Pam Bondi for finally taking some action on the fraudclosure front. Two newspapers picked up the story and I did a post on it. We all thought the Petition meant something…but it doesn’t. The law is well settled…and it’s very, very bad law…..lawyers and law firms are immune from prosecution for unfair and deceptive practices. Asking the question posed to the Supreme Court at best is going to receive a very swift, “Lawyers Are Exempt” response. A response such as this is going to be very much like a hot poker shoved in the eye of the citizens who are suffering as part of this mess.
Now maybe the Supreme Court will take the position of Captain Obvious and tell the Attorney General…you’ve got a whole lotta other targets you could be going after. Like LPS…they’ve been in the news lately or David J. Stern Enterprises, they have not been in the news lately but should be. DJSP was a bad deal from the outset, and the evidence is laying all around. It’s in federal court cases. It’s in documents filed with the Securities and Exchange Commission. It’s in depositions filed right there with the Florida Attorney General’s Office.
And so now that I’ve had a day to think about Bondi’s Motion, I feel suckered. The Motion itself lacks any substance and is not supported by the case law and examples that are necessary to make it a compelling legal document. I’m afraid it’s going to elicit a wet towel response from the Supreme Court and that’s only going to make citizens even angrier with lawyers than they already are. I don’t want that. I want lawyers and courts and my profession screaming, “DAMN THE TORPEDOES, WE’RE GONNA SOLVE THIS!” In the midst of this crisis I want to general public to see lawyers as the defenders of their rights and the defenders of the Rule of Law, stepping into the mess that the banksters created and shoving some justice and integrity down their monstorous throats….
That’s what Florida’s lawyers should be doing….not filing tepid motions that will lead nowhere.
However, by presenting this question to the Supreme Court, she may be indicating that she’s developing a conscience. Should the Supreme Court return an answer as you indicate that “Lawyers are exempt;” may, IF picked-up by the Florida media (I am neither a Floridian nor a lawyer.), may serve to light some fires under the asses of those who can do something to change that fact.
Just a thought.
Lawyers may be exempt from state CPA laws down there, Atty Weidner, but what about FDCPA?
I haven’t had a chance to follow up on these cases but they certainly looked promising awhile ago…
Delawder v. Platinum Financial, 443 F. Supp. 2d 942 (S.D.Ohio March 1,2005)
Sayyed v. Wolpoff & Abramson, 485 F.3d 226 (4th Cir. 2007)
And, of course, Heintz v. Jenkins, 514 U.S. 291, 293 (1995)
Hey, at least FL consumers can bring private rights of action for violations of state consumer protection acts against the mortgage industry. We can’t even do that in New Hampshire. That’s reserved for the Banking Department. You want the lawyers TOO? That’s just plain greedy… 😉
Keep up the great work!
@ Mike Dillon: Can a state attorney general appeal to the state Supreme Court over an alleged federal (as opposed to state) violation? Wouldn’t that be something that (AWOL) Attorney General Holder would have to pursue?
Don’t forget Jerman v. Carlisle, McNellie, et al
https://mattweidnerlaw.com/wp-content/uploads/2010/04/supremedebt.pdf
Matt, while this may actually be a token effort by Bondi, it does two things:
1) It highlights to the Florida Supreme Court the same bad behavior as cited in the Pino case presently before the Supreme Court of Florida and by doing so – to me at least – it reads as a sort of amicus curiae for the petioner in that case (i.e., when the Supreme Court declares “lawyers are exempt” – as you put it – will that “wet towel response” also be followed by the Supremes declaring that the same related frauds are also untouchable as respondant in Pino will argue?)… (If she feels so strongly about this and really has had a “Saul to Paul” conversion experience, then perhaps Attorney General Bondi should submit an Amicus Curiea in the Pino case on behalf of all such victimized Florida consumers?;
2) It demonstrates (again) that the Florida Bar has apparently done exactly NOTHING of consequence to investigate these many, many unethical (if not outright unlawful) alleged acts, or, upon finding breaches of Bar Rules, punish those Florida Attorneys for same. If Florida attorneys really want the public to respect them as the ethical professionals we wish them to be, then the Florida Bar must do something about the bad apples lest the entire barrel be seen as rotting.
And those points are exactly the problem….I think it was a political stunt…and one that will back fire monstorously….
Lawyers exempt? That is what they demand. It is not in the law. It is only a false application of the law. It is time lawyers are held to the same level of accountability as the rest of those in business. If law is not a business, why is it listed as such and called such? It is a business. Enough said. Now it is time to make lawyers take the same judgment as the rest of us. If not, abolish lawyers and let anyone who wants practice law.
Is it really difficult to charge people with uttering a false instrument? I mean please. Out of all the statutes to enforce why this one? Maybe because they can’t find any to prosecute this behavior that aren’t criminal and this is the only civil statute describing the behavior they could dig up. I think the 2 Florida AG’s are intentionally making this more difficult than it is so they can keep kicking the can down the road. All with a win and a nod of course.
It’s obvious this is all just to keep up the appearance of doing something.