Skip to main content
Foreclosure Defense Florida

Complying With This Court’s Order Would Require The Plaintiff To Perjure Itself…

foreclosure-filingsThat’s not my statement, that comes from a Plaintiff in an appeal that just came across my fax machine as I was walking out of the office today.   The whole appeal is quite interesting, but the statement that really blew me completely out of my mind was the following:

Compliance with the court’s order would require the petitioner to perjure itself.

huh?

Compliance with the court’s order would require the petitioner to perjure itself.

Now let’s put the whole dispute into some context here.   Remember no less an authority than the Florida Supreme Court passed a rule revision that did a very simple thing…..it required Plaintiffs filing lawsuits to investigate the central facts in their complaint before trying to throw a citizen out into the street.

(Read More About It Here)

The foreclosure mills went nuts and filed an appeal of this simple requirement.   The appeal filed by the banksters said essentially the following:

How Dare The Florida Supreme Court Tell Us What To Do

and

You Can’t Force Us to Investigate Facts Before Filing A Lawsuit

The Florida Supreme Court rejected the bansksters’ ridiculous arguments and ultimately dismissed their appeals.   But the banksters did use their filed appeal to advance an absurd argument that they were not required to follow the rules until the appeal was dismissed. Now this absurd argument was not supported by the law at all, but that didn’t stop them from making the argument over and over and over, all across the state.   God only knows how many complaints they were able to avoid verifying based on their merit less argument, but they got away with it for months.

Now there’s a very interesting juxtaposition to be made here by comparing what’s going on in Nevada and what is occurring here in Florida.   Nevada passed essentially the same law that exists here in Florida….Nevada asked the banksters to tell the truth.   But they took it a tiny step further…they included real penalties for lying and guess what….when faced with real penalties for not complying with the rule, new foreclosure filings plunged.   (Huffington Post)   Oh, right Nevada…the state that’s taking the job of protecting consumers and advancing the Rule of Law seriously.

Meanwhile, back here in Florida we’re all stuck in a sticky swamp of confusion over what the truth is and how to comply with a simple concept called the Rule of Law.   The appeal recycles many of the same arguments that were made and rejected long ago, and I’m certain the 2nd DCA will take this opportunity to restate the simple requirement that banksters verify complaints and tell the truth.

Have a read over the appeal below and let me know what you think!

WritofCertiorari