Foreclosure Defense For Consumers: Fighting The Banks, Fighting The Government, Fighting The Court System

There is a dangerous dynamic in play all across this country, and especially in the State of Florida.

The government is fighting against The People and is fighting with The Banks, The Corporations, The Special Interests that own the government.

This is most clearly and directly on display in the context of the current conduct of foreclosure cases in Florida.  The Florida Legislature and the executive branch of Florida are blackmailing and extorting the judicial branch.  These two superior and more powerful branches have said, explicity

CLEAR THIS FORECLOSURE BACKLOG…OR ELSE!

The legislative and executive branches have dangled money at the judicial branch and have said, explicity

WE’RE ONLY GIVING YOU THIS MONEY TO CLEAR FORECLOSURE CASES AND YOU’D BETTER DO IT!

And make no mistake, the rules, the laws, the emerging appellate decisions are heavily weighted in favor of clearing foreclosure cases with one outcome…..

FINAL JUDGMENT OF FORECLOSURE AGAINST A HOMEOWNER

The appellate courts are in on forcing the purge, pushed explicitly by the legislative and executive branches.  They all suckle at the breast of a dangerous delusion….

THE DELUSION THAT PUSHING THROUGH FORECLOSURES WILL ‘HELP’ FLORIDA’S ECONOMY

But in this delusion they all fail to stop, take a deep breath and recognize the much larger and far more dangerous consequences of this very short sighted and aggressive destruction of the foundations of a judicial system that was integral to the rise of this entire nation.

THE US JUDICIAL SYSTEM WAS INTENDED TO PROTECT THE LEAST AMONG US FROM THE ABUSES OF THE MOST POWERFUL

Judges were supposed to balance the undeniable power of banks and corporations, and the executive and legislative branches….keeping the scales of justice balanced. But this is largely not happening anymore.  All across this country in both state and federal courts, on issues both economic and personal, liberty and property, good and evil, we see an entire judicial system that has turned its back on The People and instead serves the interests of corporate masters, cracking their whips, paying their bribes and owning the legislative and executive branches.

I largely practice in courtrooms with good judges who recognize these issues and who maintain their perspective, but I see and hear very disturbing things every day.  These courtrooms I spend time in are helped to remain balanced because good attorneys stand up and fight for their clients, and fight for the judicial system…often at great personal risk and in the face of frequent threats…every single day. These attorneys that fight in the civil court arena a very much like public defenders who take an oath and serve the interests of criminal defendants….a key difference however is that our judicial system, judges, appellate courts have come to recognize that the role of public defenders serves a much larger and more important interest that just their own individual clients.  We have all come to recognize that public defenders defend liberty and the very foundations upon which our nation survived.  It’s time now that we all recognize that economic liberty and the integrity of our civil justice system is no less important than the liberty and integrity of the criminal justice system.

It’s far past time that citizens wake up and recognize that they cannot sit on the sidelines and be passive victims of a civil justice system that is stacked against them.

Citizens need to wake up and make sure they fight for their rights….that they fight for the integrity of the judicial system…that they fight for the liberty and freedom and economic justice that far too many of us take for granted.

But sadly, far too often, I see citizens that refuse to fight. That refuse to take responsibility for standing up to protect the integrity of this country and refuse to fight for their families.  They walk into courtrooms, unrepresented by counsel…like lambs being led to slaughter.  They are bullied and cajoled and manipulated by plaintiff attorneys or by a court system which is institutionally prejudiced, poised and predisposed to oppose their interests.  I see it when they walk into courtrooms and try to make their case, but unfamiliar with the rules and the procedures, they fail…even in front of judges who might be rooting for them.  Even worse, I see it when these defendants in foreclosure cases are corralled by plaintiff attorneys who are “helping” them to understand their options.  Even worse than that, I see it directly when these same hopeless defendants are thrown to the rabid wolves of government agencies, working in collusion with the banks to strip them of their rights and distract them from legitimate defenses.

The mortgage modification scam, the short sale scam, the Hardest Hit scam.  All these things working against The People. My People.