Foreclosure Defense Florida

I Won My Motion to Dismiss Today–AND I’M FURIOUS…..

scales-of-justiceAll in all it’s been a great couple weeks.   With the notable exception of a gut wrenching appellate loss (Not Final Until Rehearing!), we’ve had a good string of trial court opinions that support our clients and the rule of law.

Today’s motion was an exhausting hearing on the Plaintiff’s failure to verify the complaint.   I say exhausting because over and over I’m arguing the same thing…JUST FOLLOW THE RULES OF THE FLORIDA SUPREME COURT!

But we all know the deal…the foreclosure mills made a business decision that they would just ignore the rules of the Supreme Court.   The decision has largely paid off for them…who knows how many tens of thousands of foreclosure complaints they did not bother to verify and how much money they saved as a result of willful non compliance with the RULES OF THE FLORIDA SUPREME COURT.

I was all fired up and ready to start screaming at the top of my lungs if this particular law firm was going to argue that they could ignore their professional responsibilities because Pam Bondi, Florida’s Attorney General got the rule wrong when she inked a sweetheart settlement deal.   If I ever hear this argument in court (and if anyone ever hears this argument) the only proper response is:

JUST BECAUSE THE FLORIDA ATTORNEY GENERAL GOT THE RULE WRONG, THAT DOES NOT MEAN THIS COURT HAS TO FOLLOW AN ABSURD AND PATENTLY INCORRECT SETTLEMENT AGREEMENT

But anywhoo, I was going to talk about why I’m still furious even though I “won” my motion.   The problem is my client should not be forced to spend her money so that I can argue a motion that is just a waste of the court’s time and a waste of her money.   And what did the other side lose?   Nothing, they just have to amend the complaint….not loss, but a big loss of time and money for my client and yet another example of two sets of rules for the big shots and the little guy.

My day got worse and I got angrier when I got an Order denying a Motion to Dismiss in another case.   Don’t know which Motion to Dismiss was Denied in this particular case, you see I had filed several and the judge didn’t bother to have a hearing on any one of them…just sent an Order with DENIED stamped on it.   Which brings me back to my Motion on the foreclosure mill’s failure to verify their complaint.

If judges will just deny motions without hearing…even if those motions are long and detailed and case specific….why won’t judges across this state review complaints, determine whether they are verified and if they are not verified, DISMISS THE CASES WITHOUT PREJUDICE!

Now we’re back to the fact that there really are two sets of rules and laws in this country….one set for the big shots, and one for everyone else…..

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