While waiting for a trial today I spent some good time talking to a good foreclosure attorney on the bank side. He’s the kind of guy that admits to homeowner foreclosure attorneys, “we’ve got these certain problems with this case, this document is missing, here are the problems with my witness.” That’s exactly what good lawyers do. They don’t play games, the don’t cheat and they follow the rules.
In the context of this conversation he described for me how he was completely disgusted by some of the wins that he had accomplished over the last several months and specifically how, in at least one instance, a court allowed him to get a Final Judgment even though he admitted to the court that he didn’t have possession of the original note. He said, “I asked the court, will you let me get a judgment and I’ll bring the note in later?” Not dreaming that the court would actually allow this…he told me he was quite sickened when the court was perfectly fine with this.
Can you imagine in any other context? “Your honor we don’t have the murder weapon, but please convict and we’ll get it to you later.” Or, “Your Honor, we don’t have the death certificate, but grant us judgment in this estate and we’ll get you a death certificate later.”
Well, this is happening over and over….appellate courts are even letting these things happen now, not reversing circumstances where no original note was present in court and a defense attorney properly objected.
To hear those on the other side of these arguments recognize just how bad this has become is both alarming and cause for deep concern.
I hate that courts are allowing this to happen.
