For so long now, we’ve all known that the biggest problems caused in foreclosures are not caused by defense attorneys or homeowners standing up to defend…the problem is that the banks over and over again fail to do their job…which is to provide trial courts the documents and facts necessary to grant a judgment of foreclosure.
The biggest problem now…and a problem that will plague Florida’s courts for decades to come…is that Florida’s trial courts have decided that it is their job and obligation to help foreclosing bank attorneys to fill in the holes and their cases. What we see over and over again are foreclosing plaintiff attorneys waltzing into courts with photocopies and allegations of evidence that just do not pass any kind of evidentiary muster. And courts, rather than upholding basics of evidence law, just let them get away with inadmissable evidence.
The most clear and systematic evidence of this pattern I see is courts repeatedly failing to sustain objections about photocopies of trusts and powers of attorneys and any other document that plaintiffs must rely on in order to obtain their judgment. The problems are so deep and systematic though that it’s not limited to that. Another very bad example of the failing of standards is the fact that time and time again banks are handed tens of thousands of dollars for things like insurance or expenses…when those expenses are not supported by any evidence.
And on and on it goes….the courts acting as agents for plaintiff banks in support of their collection efforts. The widespread nature, the systematic practice of courts completely ignoring rules of evidence is a very big problem that will have long term negative consequences on the integrity of the whole of the judicial system.
When you’re facing foreclosure….or any type of litigation…you need the experienced litigation attorneys at WeidnerLaw to guide you through the system!