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I am obsessed right now with the Florida Foreclosure Slaughter of 2013 that is occurring with infuriating efficiency right now in foreclosure courtrooms all across the State of Florida.

Using the money that was given to our courts by the criminals that caused the crime spree….compliments of the National Mortgage Settlement and emboldened by the New Florida Faster Foreclosure Law and Finality of Foreclosure Judgment that was passed by the Florida Legislature (bought and paid for by the Title Insurance Industry), the banks are being rewarded for their successful crime spree with more Final Judgements of Foreclosure than they’ve ever had before.

The citizens of this state really need to go into courtrooms and see the kind of justice that only big bank money can buy…..I’m not expressing opinion here…I”m stating fact.  Florida’s courts are openly and emphatically admitting over and over and over again that they are clearing the foreclosure docket…..not because the law has changed, not because rules of procedure or substantive law has been altered….

Courts are moving foreclosure cases along because this is what the legislative and executive branches have demanded.

The disturbing reality of this dramatic change in output and posture should be the cause of great soul searching and a very close examination of the very foundation of our state government.  Lawyers from every single practice area and every judge that wears a robe or who has ever worn the sacred robe should be carefully considering the implications of what is occurring in the middle of Florida’s Great Foreclosure Purge.  The character and nature not just of the entirety of this nation’s judicial branch, but also the very nature of the physical landscape of this state and nation are changing.

Put plainly, the judicial branch has suffered great pressure and influence by the legislative and executive branches, and the judicial branch is responding to those influences.  This fact cannot be disputed.  This fact is largely not disputed within and among the legal community.  But what has not occurred is much, if any, consideration about just what this means.  To illustrate the significance of this question I urge us all to consider what would become of our notions of an independent and protective judicial branch if the executive and legislative branches decided that the judges on the criminal benches needed to start dramatically changing their outcomes and sentencing…..because that’s what the corporations that fund the private prison systems demand.  Or, what if family law judges start getting outpaced pressure from the men who dominate the legislative and executive branches to stop being so damn preferential to women in family law and custody cases…make a dramatic legal and policy change not based on The Law…but based on political pressure.

Just think about that for a moment.  I want judges. I want lawyers. I want laypersons to stop and think long and hard about the implications of what is occurring.  But unfortunately, people aren’t going to think about this until it’s too late.

What got this post started…and what has me obsessed every day is seeing homeowner after homeowner lose cases that they should not lose….not lose at all. I practice in courtrooms where judges reach out, pleading sometimes, to help consumers and to make sure that real justice is done. The problem is judges cannot step outside their role of cold neutrality to help consumers anymore than we want them bending over to help out an errant bank of their lawyer who is in trouble.  And so, far too often, you see judges who have no choice but to sign Final Judgments of Foreclosure for banks….judgments that they likely would not sign if only the consumer had opened their mouth and given the judge a reason to reject that motion…that’s the real tragedy that’s operating in courtrooms all across the state….

And it could be stopped immediately…if only consumers retained lawyers to defend them.  One final point.  The big point.  Even when judgements are Final, it’s not always too late….there are still opportunities to give consumers the help they need…..

3 Comments

  • WILLIAM LEWIS says:

    lack of competent fore att. most work for bank,big bank payoffs
    no signs saying fore att,who do you know in NY. wrong solution,
    remove fores from banks gov must handle or more problems

  • H M says:

    This is very true. I strongly agree with you that they are getting pressure from above officials. This is what “selling your soul” to the Devil means…and I’m not joking. How many people “sell out” and do not trust the very fundamental basis of our Constitution, “In God We Trust”? You know, those words are not there just for fun. We are talking years of wars and battles and men, women, and children who sacrificed their lives to bring us the freedom that we have enjoyed here…and those officials just sit there and make choices that take those very rights away, to what? Collect their big ol’ paychecks, right? That’s what their doing…no doubt about it. No cares in the world, because it’s not happening to them….and they justify that it is because they are doing everything right.
    One problem with that: God sees everything they are doing. He knows the number of hairs on their head (if any). He keeps track of it all, and He knows what is happening. He has also promised us much in these end times. We have to trust that…that is what is meant by…”In God We Trust…”
    Vengeance is His and what we are witnessing in this World is that the truth of the matter is…we are in those end times. Having said all of that, Jesus asks us during these time to not be lukewarm. Pick a side folks…you’re either hot or your cold. You’re either in or you’re out…but don’t just be lukewarm with no opinion and no cares. This goes for our Judges and our officials too…if you’re hot and angry about what is going on…then get out of your seat and fight for the very thing you took an Oath to with God….OUR RIGHTS! If you’re opposed, then be opposed and God will deal with you…if you’re lukewarm….you’re good for nothing. Your choice, your free will here…choose the Kingdom, and you will see the blessings.

  • Deb says:

    Who do you trust any more.I am going through this myself and I am educated, But I do not know how to play dirty. This is a crime,and how can it be stopped.

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