Across this state, our judges–both elected and retired, who are now presiding over foreclosure cases are dealing with enormous pressure to clear the dockets. They’re receiving it from our own Supreme Court and especially from the legislature that holds the court’s purse strings.
This pressure, especially from the legislative branch is an unprecedented and improper intrusion onto our judicial branch and the long term implications of this pressure are very disturbing. Having said that, there is a real problem in our courts caused by these foreclosure cases that are stalled, forgotten, stagnant.
What is missing from most of this debate over clogged up and bogged down courtrooms is the fact that the clog and bog is caused not because our judges or their staff are not doing their job or because pro se defendants or defense attorneys are delaying the process.
I BELIEVE THE GREATEST SOURCE OF DELAY IN THESE CASES IS THE FORECLOSURE MILLS AND LENDERS EITHER AFFIRMATIVELY DECIDING NOT TO PURSUE THE CASES EITHER BECAUSE THE LACK THE EVIDENCE OR AUTHORITY TO PURSUE THE CASES OR BECAUSE THE ALLEGED PLAINTIFF DOES NOT WANT TO PROCEED WITH THE CASES.
Many of our judges are intently focused on trying to fulfill the mandates to clear the docket by granting summary judgment, what we need to be doing, and what we need to encourage our judges to consider that the other alternative to clearing the foreclosure docket is to dismiss those cases that do not meet the requirements to proceed for any number of reasons, because they do not meet the basic evidentiary or pleading burdens, because the cases have languished, because the documents or evidence submitted are facially questionable or for any number or other legitimate reasons to dismiss these cases.
A key factor to consider in all this discussion is the fact that literally millions of dollars in taxpayer revenue is being spent by judges, judicial assistance, clerk of court staff checking and double checking the files and work of the foreclosure mills. The work of these mills and “attorneys” has proven time and time again to be substandard, illegitimate, sloppy and frankly not worthy of consideration by our courts.
AS A TAXPAYER AND A STRONG PROPONENT OF OUR COURTS AND JUDGES, I RESENT THAT MY TAXPAYER DOLLARS IS BEING USED TO DOUBLE AND TRIPLE CHECK THE WORK OF MILLIONAIRE FORECLOSURE MILLS- IF I WERE A JUDGE A FIRM WOULD GET ABOUT SIX TRIES TO GET THEIR WORK CORRECT AND ACCURATE, THEN IF THEY COULDN’T DO IT CORRECTLY, THE FILES WOULD BE DISMISSED.
The firms of course would be free to re-file, paying the new filing fee which would properly fund the work that goes into processing a file. Now doing this once or twice for each firm would certainly encourage accuracy, timeliness and respect for all the good work the judiciary does.
Importantly, these millionaire foreclosure mills and the lying lenders that have created such chaos in our courtrooms will be forced to bear some small fraction of the costs they have burdened our judges and courtrooms with.
Another key fact that supports this important new strategy is that refiling these cases will force the millionaire foreclosure mills to get their documents correct and will give our judges the time they need to review the cases properly!
For all these other cases, let’s do our part to move the cases along and move for dismissals…..see examples of how I’m doing this below and keep up the good fight!