I would love to know this Lawyers name and contact information. I would love to talk to her and tell her our situation. I respect her and its quite obvious that these Judges don’t want to hear about the crimes they are guilty of. We are victims with a preponderance of evidence and paid $35,000 only to have the Judge ignore the facts of law and FRAUD, conspiracy etc. If anyone has her name and how I can contact I would really appreciate it. I wish I had thought to video our trial. We were never in default paying on an invalid loan and it was sold without our knowledge as we were making payments. It is so unscrupulous it doesn’t seem possible but I have copies of everything from letter, QWR, Complaints, Validation of Debt, Depositions, proof of forgery & Perjury.
Justice is not “for sale” per se; that is not a complete or fair assessment honestly. And that is coming is from a foreclosure defense lawyer in FL myself.
Saying that, I specifically mean that individuals must pay lawyers to do appeals; or in any case. Lawyers are regular people and this is our jobs; our livelihoods. Yes, we take pro bono cases, and as many as we can, but there are simply not enough hours in a week to help everyone who needs it for free as well as make a salary for ourselves. This is merely the reality of the system. So saying justice is for sale is not a completely fair and accurate representation.
The point she was trying to make in arguments is that most homeowners cannot afford to appeal. The harsh truth is that this is a reality.
I will go back to a post I read from colleague Mark Stopa who questioned what homeowners are doing with the money not paid over the 2-4 years in foreclosure. If even a mere few (3-5 on most average mortgages) payments were set aside in savings, there would be money to appeal your case if needed. Unfortunately, not all but many, homeowners decide to go on vacations or spend this money frivolously otherwise, and then say things like justice was bought.
(Warning small rant) I have seen countless clients drive into our parking lot in new Range Rovers/BMW/Mercedes and wearing Rolex or diamond watches; nicer than things I own even or the lawyers in our firm at that. This does not scream hurting for money that the mortgage payment was used for in a case where there is a complete jobless situation. Those are actually the rarer cases these days it seems; where there is zero income what so ever, or such low income that even not paying the mortgage there is no money at all at the end of the month. Unfortunately, the foregoing people who do have the money are the ones who stiff us lawyers after we defended their houses for retainer bills, costs, etc. They are the first ones who complain we actually want to charge a fee for an appeal. It is insanity if you ask me, and I truly believe this attitude has tainted lawyers from taking pro bono foreclosure clients just as badly as homeowners towards the lawyers.
Regardless, had some money been saved for a contingency, justice could have been bought by the homeowner too- at least a chance to have been heard by a DCA on a true appealable issue.
We lawyers cannot “squeeze blood from a turnip” with clients. Nor can we do EVERY case pro bono. I believe Mr. Weidner has even said this before too in passing. It is just reality, and it is disconcerting when rational people view this as justice being for sale to the banks. We simply cannot help everyone with a good case out there for free unfortunately, and homeowners do not properly save prepare for contingencies in their case (hiring experts, costs, appeals, etc). All of the blame does not fall on the lawyers; as there are some good foreclosure defense lawyers out there, and the best do not work for cheap even in the trial courts.
Second, and not to insult this lawyer in the video as I know nothing about her, but to poster “coco21,” and others, please go hire an truly experienced foreclosure lawyer like Mr. Weidner or others out there. Again, not to insult this woman what so ever as I’m sure she did her best, but at least to me it did not sound like her forte is/was foreclosure defense. It sounds more like someone who did some brief research, found some Stern and robosigning info, and believed the hype out there that this actually worked in the courts without more proof 4 years later. Any experienced foreclosure lawyer will tell you that you cannot walk into a trial court waiving an assignment of mortgage above your head yelling “Stern! Robosigning!” and end of case, case closed. This is just not reality as per practitioners of this daily in the FL courts.
She further did not seem to know the basic rules or procedure of the appellate court, and was a tiny bit disrespectful to the judges. The points she raised could have been made in a better manner, as talking over and irritating the judges is not the first thing you want to do to get them to listen (or rule your way although I don’t think that was her point in this appeal rather than to use it as a soap box). Watch the bank’s lawyer, that is the proper demeanor at least towards the court to take in the DCA as an officer of the court. Just a small point, but I just had to point it out as her demeanor bothered me as way too informal, for any court let alone a higher court.
I also have an issue that the homeowner claims that she was out of the country during the time of alleged service, but allegedly waived challenge to service in the lower court. If it was clear a homeowner was not served, and has a stamped passport showing she was out of the country, then why was this not entered into evidence in the lower court or the argument raised? This just screams red flag to me. Any minimally competent attorney knows how to introduce and use evidence to contradict claims of a suing party. (And for readers, you must make an argument in the lower court which you then challenge on appeal as incorrectly ruled upon. You cannot raise arguments/issues for the first time on appeal never raised in trial court. Since it was waived there is no jurisdiction of this appellate court to consider the issue now.) I just found this small distinction bothersome, and it sounds like the judges did too; although they obviously could not even consider it because it was not properly preserved for appeal.
I would also personally not want a lawyer who openly admits she did not track her own cases for her own houses representing me; but that is merely my opinion as a fellow attorney. I would highly suggest you seek someone qualified and experienced in specifically foreclosure defense for advice. Mr Weidner seems to have a wealth of knowledge in this area from everything I have read from him. I would also certainly not say this is a model appellate argument you readers as homeowners want in an appellate court that you paid good money for.
I am 50/50 on the opinion in this one. While I feel that she at least made a baseline argument that she was denied a hearing at least, she was also completely neglectful of her own cases for her own properties as a lawyer. That does not sit well with the courts when it is a lawyer as the party saying “I didn’t know.”
Further, I don’t think the DCA wants to set precedent for lower courts that a homeowner can ignore a case and then go back saying I didn’t get a chance. I think there is some real question in this case whether she really knew or did not know about the active foreclosure, or at least whether she should have known.
I honestly think with the pending new foreclosure bill that this will be affirmed with no opinion.
That woman has cojones!!! Kudos to her for standing her ground in this very fraudulent landscape we live in!
Great, so she exposes that justice is “for sale” in Florida Courts for those lucky few who can afford the appeals and circuit level process???
I would love to know this Lawyers name and contact information. I would love to talk to her and tell her our situation. I respect her and its quite obvious that these Judges don’t want to hear about the crimes they are guilty of. We are victims with a preponderance of evidence and paid $35,000 only to have the Judge ignore the facts of law and FRAUD, conspiracy etc. If anyone has her name and how I can contact I would really appreciate it. I wish I had thought to video our trial. We were never in default paying on an invalid loan and it was sold without our knowledge as we were making payments. It is so unscrupulous it doesn’t seem possible but I have copies of everything from letter, QWR, Complaints, Validation of Debt, Depositions, proof of forgery & Perjury.
Justice is not “for sale” per se; that is not a complete or fair assessment honestly. And that is coming is from a foreclosure defense lawyer in FL myself.
Saying that, I specifically mean that individuals must pay lawyers to do appeals; or in any case. Lawyers are regular people and this is our jobs; our livelihoods. Yes, we take pro bono cases, and as many as we can, but there are simply not enough hours in a week to help everyone who needs it for free as well as make a salary for ourselves. This is merely the reality of the system. So saying justice is for sale is not a completely fair and accurate representation.
The point she was trying to make in arguments is that most homeowners cannot afford to appeal. The harsh truth is that this is a reality.
I will go back to a post I read from colleague Mark Stopa who questioned what homeowners are doing with the money not paid over the 2-4 years in foreclosure. If even a mere few (3-5 on most average mortgages) payments were set aside in savings, there would be money to appeal your case if needed. Unfortunately, not all but many, homeowners decide to go on vacations or spend this money frivolously otherwise, and then say things like justice was bought.
(Warning small rant) I have seen countless clients drive into our parking lot in new Range Rovers/BMW/Mercedes and wearing Rolex or diamond watches; nicer than things I own even or the lawyers in our firm at that. This does not scream hurting for money that the mortgage payment was used for in a case where there is a complete jobless situation. Those are actually the rarer cases these days it seems; where there is zero income what so ever, or such low income that even not paying the mortgage there is no money at all at the end of the month. Unfortunately, the foregoing people who do have the money are the ones who stiff us lawyers after we defended their houses for retainer bills, costs, etc. They are the first ones who complain we actually want to charge a fee for an appeal. It is insanity if you ask me, and I truly believe this attitude has tainted lawyers from taking pro bono foreclosure clients just as badly as homeowners towards the lawyers.
Regardless, had some money been saved for a contingency, justice could have been bought by the homeowner too- at least a chance to have been heard by a DCA on a true appealable issue.
We lawyers cannot “squeeze blood from a turnip” with clients. Nor can we do EVERY case pro bono. I believe Mr. Weidner has even said this before too in passing. It is just reality, and it is disconcerting when rational people view this as justice being for sale to the banks. We simply cannot help everyone with a good case out there for free unfortunately, and homeowners do not properly save prepare for contingencies in their case (hiring experts, costs, appeals, etc). All of the blame does not fall on the lawyers; as there are some good foreclosure defense lawyers out there, and the best do not work for cheap even in the trial courts.
Second, and not to insult this lawyer in the video as I know nothing about her, but to poster “coco21,” and others, please go hire an truly experienced foreclosure lawyer like Mr. Weidner or others out there. Again, not to insult this woman what so ever as I’m sure she did her best, but at least to me it did not sound like her forte is/was foreclosure defense. It sounds more like someone who did some brief research, found some Stern and robosigning info, and believed the hype out there that this actually worked in the courts without more proof 4 years later. Any experienced foreclosure lawyer will tell you that you cannot walk into a trial court waiving an assignment of mortgage above your head yelling “Stern! Robosigning!” and end of case, case closed. This is just not reality as per practitioners of this daily in the FL courts.
She further did not seem to know the basic rules or procedure of the appellate court, and was a tiny bit disrespectful to the judges. The points she raised could have been made in a better manner, as talking over and irritating the judges is not the first thing you want to do to get them to listen (or rule your way although I don’t think that was her point in this appeal rather than to use it as a soap box). Watch the bank’s lawyer, that is the proper demeanor at least towards the court to take in the DCA as an officer of the court. Just a small point, but I just had to point it out as her demeanor bothered me as way too informal, for any court let alone a higher court.
I also have an issue that the homeowner claims that she was out of the country during the time of alleged service, but allegedly waived challenge to service in the lower court. If it was clear a homeowner was not served, and has a stamped passport showing she was out of the country, then why was this not entered into evidence in the lower court or the argument raised? This just screams red flag to me. Any minimally competent attorney knows how to introduce and use evidence to contradict claims of a suing party. (And for readers, you must make an argument in the lower court which you then challenge on appeal as incorrectly ruled upon. You cannot raise arguments/issues for the first time on appeal never raised in trial court. Since it was waived there is no jurisdiction of this appellate court to consider the issue now.) I just found this small distinction bothersome, and it sounds like the judges did too; although they obviously could not even consider it because it was not properly preserved for appeal.
I would also personally not want a lawyer who openly admits she did not track her own cases for her own houses representing me; but that is merely my opinion as a fellow attorney. I would highly suggest you seek someone qualified and experienced in specifically foreclosure defense for advice. Mr Weidner seems to have a wealth of knowledge in this area from everything I have read from him. I would also certainly not say this is a model appellate argument you readers as homeowners want in an appellate court that you paid good money for.
I am 50/50 on the opinion in this one. While I feel that she at least made a baseline argument that she was denied a hearing at least, she was also completely neglectful of her own cases for her own properties as a lawyer. That does not sit well with the courts when it is a lawyer as the party saying “I didn’t know.”
Further, I don’t think the DCA wants to set precedent for lower courts that a homeowner can ignore a case and then go back saying I didn’t get a chance. I think there is some real question in this case whether she really knew or did not know about the active foreclosure, or at least whether she should have known.
I honestly think with the pending new foreclosure bill that this will be affirmed with no opinion.