Florida’s Foreclosure Courts Have Been Infected With A Dangerous Hysteria

Both the Florida and the United States Constitutions direct that the judicial branch must ensure that citizens are afforded due process and that basic rights must be upheld.  These same Constitutions direct that all three branches should be independent, co-equal branches of government.

It was further understood that the Judicial Branch would operate as a check, a backstop, a moderating force against the whims and rants of the legislative and executive branches. The rash and impudent, often young elected leaders would be held in check by the elder, the learned, the experienced, the guardians of liberty and justice, The Judicial Branch.

But today, all across this country, we see that this is not at all the case.  We see in fact that the entirety of the judicial branch has bowed down in service to the executive and legislative branches, doing whatever it is that they demand.

This is of course most dangerous, and most apparent today, in Florida Foreclosure Courtrooms. It pains me to describe the Foreclosure Star Chambers that exist as courtrooms, because I don’t want to desecrate the sacred nomenclature that lawyers took an oath to protect.

What is occurring all across this state, is this state’s elder leaders, the judges, have fallen lockstep into the demands of the other two branches.  And remember what the outcome of this foreclosure hysteria is….

Stripping private property away from individuals and concentrating that in the hands of the federal government and private and foreign investors

This point is never, ever made or even considered by policy makers, and precious little attention is given to this issue by the judges who are following lockstep.  Florida’s courts are driven by excel spreadsheets that painstakingly record the number of CASES CLOSED. But no one is paying attention to the fact that CASE CLOSED does not mean that property returns to the private marketplace, purchased on the courthouse steps in a public sale.  No, instead the “public” foreclosure auction is manipulated Fannie Mae/Freddie Mac and the institutional real estate players to ensure that property returns to the inventory of the ultimate beneficiaries of this state action.

And just who are the ultimate beneficiaries of this state action, the Foreclosure Auction?

The answer to that question is not at all clear at this point in time.  But one thing is certain, it’s not local Realtors. It’s not local individuals, families or local communities.  The homes that are the target of Final Judgments of Foreclosure are not purchased by families who become owners and move into them.  Local Realtors do not market and then sell them.  Local, licensed contractors do not permit, then fix them.  But no one seems to care about any of this.

Instead, we get the following:

(Mr. Soviero is a bank attorney…making a case for mercy for a foreclosure defendant)

MR. SOVIERO:  The defendant is from Brazil.  He

16         just recently got his American citizenship.  It’s a

17         very, very sad story what went on there, and I won’t

18         worry you with it.

19              But it would allow him to gather his affairs and

20         do everything that he needs to do to — he may have to

21         leave.  He may have to go back home, back to Brazil.

22         If the parties have agreed to 150 days, I would

23         just —

24              THE COURT:  You didn’t move the cases while you

25         were here today.  A 2009 case —

1              MR. SOVIERO:  I understand, Your Honor.

2              THE COURT:  We are under a mandate to get rid of

3         all of our old cases.  We don’t get rid of our old

4         cases by giving you guys another 120 days.  150 days

5         is the new year, is when this is going to happen, if,

6         in fact, it’s still sitting in the — and then if you

7         want to top that one off, I had somebody come in that

8         Judge Colton had given 120 days to.  I’ve had five of

9         them in the last two weeks asking for another 90,

10         okay?  That’s not how the system has to work.  They

11         can dismiss the case as far as I’m concerned.

12               But I don’t know what the sad story is, but 150

13         days is outrageous.

14              MR. WASYLIK:  Your Honor, with respect to the

15         concern the Court’s just expressed about asking for

16         successor extensions, I know how the Court feels about

17         that and to the extent that it would help mitigate

18         those concerns by writing into the judgment no further

19         extensions of sale —

20              THE COURT:  You guys never tell me that and I

21         then have to look it up and find it.  I told a room

22         full yesterday, the next one I find like that, you’re

23         going straight to the Bar.

24              MR. WASYLIK:  I saw that on Monday, Your Honor.

25         I understand how seriously you take that, which is why

1         I want to put it in writing in this file so that

2         there’s no question.

3              THE COURT:  Well, you’re not — once you tell me

4         how many days — and I’m going to require you, in this

5         case, if you actually come to court and ask for an

6         extension from any judge that’s sitting in any bench

7         in foreclosure and not tell them that you’ve already

8         been given 150 days, then I am going to send you to

9         the Bar, all right?

10              I want this thing wrapped up, and you don’t — do

11         not extend these things to 150 days.  And the next

12         time I find you doing it with a senior judge, I am

13         going to go back and get the judgment and I’m going to

14         change it.  I’m going to vacate that judgment, and I’m

15         going to enter the one that’s supposed to be done and

16         you would have been given 60 days to get out of the

17         house.  I normally only give 35.  When you consent, I

18         give you 60, all right?

19              From now on, do not do that.  It’s wrong, first

20         of all, on so many levels of having sat in this

21         courtroom.  I’ll leave it for this case today.  Do not

22         ever do it again.  If I see either one of your — all

23         of your faces in a courtroom asking for 120 days any

24         time going forward of any judge, I’m going to send you

25         to the Bar, okay?

1              You now have a complete understanding of what

2         this vision is about.  We’re moving cases out the

3         door, not prolonging them in the court system, all

4         right?  Have a good day.


  • Charles says:

    He said that with the knoweldge it was in front of a court reporter? That is obscene and perverse. I want to throw up after reading that. Sadly it will never see a JQC.

  • Anonymous Poster says:

    This is not always the case of the “evil court” you make it out to be. This is judges being FORCED by the FL Supreme Court and legislature to close out cases. A lot of the circuit judges in various counties do not have this attitude because they are mean heartless people. They have the attitude because they have a job to do and a mandate to follow. Just like prosecutors may feel bad for the criminal’s circumstances, but its a job to lock them up.

    A lot of these judges do feel bad for the homeowners and try to give the most time possible, but are still constrained by the “higher ups.” And no judge is going to risk their bench for someone who defaulted on their loan who is about to lose their home anyway.

    Second, I have never seen 150 days approved, but agreement or otherwise. 120 maximum. And there is no inherent right to the deal you negotiated; it is subject to court approval.

    I hear the judge’s pain here. You negotiate a 120 day sale date on judgment day. Then you come back in 120 days later and ask for another 90 days. The case is now in the court system another 7 months!! I get where the judge here is coming from here and his/her frustration.

    Usually, this is a stall tactic with no chance of resolution- the borrower waits 100 days of the 120 and then finally submits a loan mod package; then goes and begs for 90 more days because a loan mod is pending. Well, yes it is, but you also waited 100 days to even start. True, there are some situations where it takes over 120 days for a mod decision, but I suppose there are more people abusing the extended sale process than acting truly diligently.

    It is still hard to feel bad for people who have been in foreclosure for almost 5 years and now are finally doing something to solve it by begging for extended sale dates and then further extensions. I do see where the judges are coming from after a 2009 case. The homeowner has 5 years to apply for a mod and try to get one, or to sell the property.

  • Attorney Wendy Alison Nora says:

    I recommend this article by Catherine Austin Fitts, former HUD Assistant Director under the George H.W. Bush administration which is illuminating as to the history and extent of federal housing policy being used for money laundering to support the black budget. She is very credible. This article was written before 9/11/2001 when the attacks on the World Trade Center and the Pentagon destroyed evidence of the Enron investigation held in WTC Building 7 and the Pentagon accounting records of the missing more than 2 trillion in DOD funds reported by Donald Rumsfeld the day before 9/11. And I thought foreclosure fraud was just about forgery and perjury!

  • victim2121 says:

    The Judges take an oath and are supposed to review all of the evidence and follow the Rules of Law. In our case we had a preponderance of evidence and proof that the bank ignored the MA foreclosure Laws. The bank did not and could not prove the loan was valid. we proved they had no legal rights to collect, assign or foreclose. They did not provide any proof and also committed perjury under oath. The Judge did not care because he knew he was going to rule in favor of the guilty defendants because after all his wife is is the head of the legal department for one of the most corrupt, predatory banks, Bank of America. Conflict of interest? Our Judicial system is a joke. Our home was already paid in full so we are not trying to get a free house.

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