What’s happening in this state is so bad that even those who are deeply involved in the nightmare of judicial foreclosure policy have probably lost sight of just far astray our courts have gone.
Perjury among foreclosure plaintiff witnesses has become the common, the accepted practice. Witnesses over and over again testifying to matters that they cannot possibly have any factual basis to make. Your honor, you know this witness cannot possibly have any foundation for her testimony, under oath, that the records she is testifying about, were kept in the manner in which she is now testifying, but none of them will ever be held accountable.
Because we have an entire judicial system that has decided it’s more important to reward banks (remember the crimes that are detailed in the national mortgage sell out) than it is to uphold substantive and procedural due process protections that have been the foundation of our nation’s civil justice system, you know, due process, a full examination of all facts, a fair and impartial judicial system?
The entire treatment of foreclosures in Florida now is far worse than it ever was in the darkest days of the infamous Rocket Dockets. In the Rocket Docket era we discovered fraud and perjury and fabricated documents because they left behind records. In this new era of the foreclosure purge, we have only witnesses appearing in court, most often with no court reporters.
Nothing to memorialize the evidence upon which the largest transfer of private property in the modern history of this state just POOF more of Florida’s land transferred to a foreign trust.
No one has any idea who the literal land upon which this state is built is being transferred to. No one has any idea who provided the evidence that supports (or does not support) the Final Judgement of Foreclosure granting interest in hundreds of thousands of acres of land and transferring billions of dollars in property….was it a witness from Seterus? Ocwen? Citi? Wells? Who knows, there’s no record, just a talking head standing up and rattling off by rote the lowest standards of legal foundation that exist and then POOF! JUDGMENT FOR PLAINTIFF.
Another attempt to hasten Palm Beach County’s foreclosure process is underway as previous efforts to streamline the system and the approval of last year’s controversial fast-track foreclosure law have shown limited progress.
Palm Beach County Chief Judge Jeffrey Colbath issued an administrative order in March requiring attorneys who file certain motions in foreclosure cases to set a hearing date within five days or face judicial rebuke. It’s a command he hopes will push banks and homeowners to a quicker resolution — something he said neither side appears to want.
But it’s raised the ire of some foreclosure defense attorneys who believe the order gives judges the power to set cases for trial when they aren’t ready and should require approval from the Florida Supreme Court.
