One of the most frustrating things I find in the current foreclosure crisis is watching the big foreclosure mills just trample of the rights of real people and just ignore case law, rules of evidence and rules of the Florida Supreme Court. I just cannot understand how they have been permitted to get away with it on such a massive scale. I mean, what if lawyers just announced they would be ignoring rules of civil procedure….oh wait, that’s exactly what DJSP did with the following disclaimer in the SEC Prospectus:
The Supreme Court of Florida has recently taken an active role in ensuring that proper documentation is filed in a
foreclosure action by amending several rules of civil procedure and pertinent forms related to foreclosure actions filed in Florida….
However, DJS may not be successful in complying with these new rules.
Next, read carefully the attached Motion for Rehearing. In it, Stern’s office attempts to justify ignoring the valid rules of the Florida Supreme Court. The Supreme Court provided their response to this argument when it released the following response:
The motion for rehearing on in the alternative is hereby stricken as untimely.
(Apparently the words “shall become effective immediately upon release of this opinion” didn’t make it clear enough)
Now, when no less an authority than the Supreme Court issues an Order interpreting issues relating to their own validly-enacted rules, you would think that would be the end of it right? Well, apparently that’s not the case. Stern’s office makes a strained argument that somehow the Rule is not effective. Forget about the fact that Strern’s office didn’t even file any request for rehearing or clarification….if they took issue with the new Rule, why didn’t they file a response or request for rehearing? They did not. So what should be the sanction if Stern and other mills have taken a gamble on a creative interpretation of court rules or procedure and that gamble is not correct?
I am of the opinion that entire circuits should adopt programs like the one adopted by the Twelfth Circuit where the court reviews complaints and dismisses them on its own motion if they are not in compliance with the rule. I frankly cannot understand why taxpayer dollars should be used to subsidize knowingly improper conduct by the Millionaire Foreclosure Mills or why this conduct goes on with no sanction.
Our judges are under incredible political pressures to clear their foreclosure dockets and dismissing cases when the millionaire foreclosure mills knowingly violate the rules and waste judicial resources is an appropriate sanction that could generate millions of desperately needed revenue for our courts and their overworked staff. I have yet to have Stern’s office set one of my Motions to Dismiss on this issue for hearing, but I promise I’ll be loaded for bear and I will have a court reporter present if they ever develop enough confidence in their argument to set it for hearing.
Well, enough of my editorializing, read the work below, tear it apart and please share your comments and insight. I hope that by sharing this Motion and argument we’ll all be better prepared to oppose these positions.
David Stern- Motion for Rehearing
David Stern- Memo in Support of Motion to Dismiss
David Stern- Opposition to Motion To Dismiss
David Stern- Motion to Dismiss Non Verified
Finally, on a related topic, read a recent Palm Beach Post Article on Fraudulent Assignments of Mortgage it provides an interesting counter point to the detailed and researched reporting that appeared in today’s Mother Jones news. We’re all in this fight together people. Remember, they’re our courtrooms…..not theirs!
