Foreclosure Defense Florida

Foreclosure Courtrooms…Tyranny v. Due Process And The Rule of Law

loan-lawyersThe reports that continue to come out of foreclosure courtrooms in Miami are becoming more and more disturbing.   This nation’s claim to liberty and the Rule of Law has become quite tenuous over the last several years, with the federal government especially running wildly out of control.
But our nation’s strong focus on state’s rights…now a fading delusion…placed real emphasis on matters of day to day life and liberty in the hands of locally elected, and community minded individuals.   I will forever be so proud that I practiced law in an area where community minded judges and elected leaders forged cauldrons of compromise and professionalism.   Walking into courtrooms in this area of the state, from Sarasota all the way up to Pasco county is an exhilarating and exciting experience.   In these courtrooms, with very few exceptions, you will find dedicated lawyers and consumer defendants respecting our courtrooms and working together….under the tough and watchful eyes of judges who are committed to upholding The Law and demand professionalism and respect out of everyone in their courtrooms.   Hillsborough County has likewise very much turned around over the last year and is now an environment of high level of legal practice in foreclosure courtrooms.   I certainly honor all the good judges who foster this environment and encourage parties and lawyers to hold them up and grant them honor and respect for serving their communities and The Constitution so admirably.
And with all that in mind, I find it so disturbing to read what’s occurring down in Miami……it really makes my stomach turn to read these accounts…..we must all be very aware of just how important it is we all fight to protect our very damaged judicial system.   Our rights and liberties are all under assault…and in the context of obviously biased court proceedings, we can all see a nation being brought to its knees…..remember, that once the camels nose slips under the tent…the rest of his stinking body soon follows…..
Many of you know that I was in trial this morning for a Miami-Dade County foreclosure client.   The judge was the Honorable Alan Schwartz.   It was quite the show that left jaws dropping in open court.     The judge allowed the note and mortgage into evidence without objection from me.   Then the bank tried to introduce the Notice of Acceleration and the loan payment history.   I objected and asked the court to allow me to voir dire the witness prior to the introduction of the records.   This means I asked for the right to questions the witness about their knowledge regarding the records keeping practices of Bank of America.     The judge did not allow me to ask any questions at this stage and allowed the documents into evidence over objection.
So, the bank rested and I got an opportunity to cross examine the witness, or so I thought.   I was barely allowed to even ask a question.     He shot me down almost every time I asked something.   When I went to put my position on the record, he would not allow me to open my mouth.   Well, I am not a wall flower, I am going to stand up for my clients.
The acceleration notice that Bank of America sent was invalid in my opinion and about a dozen other judges around the state have found in favor of the homeowner on this very issue with the same acceleration letter from Bank of America.   When I raised this to him, he could not believe that I had the audacity to actually ask him to rule in favor of my client.   He implied that he is not going to allow a homeowner to stay in their homes without paying their mortgage even if the bank screwed up.   When I asked to read the appellate opinions into the record regarding the paragraph 22 defense,   his response was basically that he did not care about the letter they sent and the fact that they filed a foreclosure action alone is good enough for him.
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4 Comments

  • Elise says:

    Here is some really, really scary news!!!!!!!!! Pass this around, please. This guy will ruin the system more than it already is.
    Florida Office of Financial Regulation Welcomes A New Commissioner
    The Florida Office of Financial Regulation (OFR) welcomed new Commissioner, Drew J. Breakspear on November 5, 2012. Commissioner Breakspear brings more than 40 years of experience to the OFR, having most recently served as Executive Vice President and General Auditor at State Street Corporation [yikes!!!]. He also has international banking experience specializing in auditing, risk management and finance. He has his MBA from Harvard University and his bachelor’s degree from the University of Witwatersrand in Johannesburg, South Africa.
    more here: https://www.flofr.com/StaticPages/MeettheCommissioner.htm

  • neidermeyer says:

    Thanks for sticking your neck out Matt.

  • Elise says:

    More on the BIG PICTURE:
    Housing Up, Home Ownership Down: The Mysterious New Housing Bubble
    “…Well, we know that the Fed is going to continue to purchase mortgage-backed securities (MBS) to the tune of $45 billion per month ” indefinitely”. But housing sales could still weaken as profit margins on investment properties shrink and more of the big players look for other places to put their money. That gives Bernanke about a 6-month window to settle on a strategy for inflating another housing bubble. He knows he cannot count on organic demand or move up buyers because unemployment is still too high and wages are not showing any sign of growth. So, his only hope is to change regulations so the banks can resume lending to mortgage applicants who’ll never be able to repay the debt. And that is precisely what the Fed chair is doing.”
    read more here: https://www.counterpunch.org/2012/12/18/the-mysterious-new-housing-bubble/

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