Rules That Are Stacked Against Homeowners

Not surprisingly the banks are happy with the way things are working out for them:

Administrative orders issued by foreclosure judges in Miami-Dade and Palm Beach counties are tipping the scales of justice in favor of banks, a leading homeowner attorney claims.

Appeals have been filed in the Third District Court of Appeal, a Florida Supreme Court advisory committee has been asked to review the orders, and a petition is being prepared for the Supreme Court.

This is in reaction to what is described in Angelo Frau and Yamileth Frau v. JPMorgan Chase, a pending Third District appeal, as a “newly minted waiver” that allegedly exceeds the trial court’s authority and has no basis in the Rules of Civil Procedure.

JPMorgan filed its response Tuesday. Bank attorney W. Aaron Daniel of Kula & Samson in North Miami maintains the court should dismiss the appeal for lack of jurisdiction because while the Fraus ask the court to reverse an order on service, its parallel intent is to attack the Miami-Dade administrative order.

Daniel argues that only the Florida Supreme Court has jurisdiction to consider that issue under its “all writs” power.

“It’s interesting how quickly (JPMorgan) came to the defense of the administrative order. I think that speaks volumes to how lopsided its application is against homeowners,” said Thomas Ice of Ice Legal in Royal Palm Beach.


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