I’ve been spending a whole lot of time going through the appellate rules…..the detailed review is helping to soothe the wounds I feel from losing (just a few) Motions to Dismiss.
We all need to be acutely aware of the standards on Certiori Review which will bring every single thing back up again. And I mean everything.
Now here’s the deal. We’re either going to throw all the rules of procedure, substantive law and case law out the window and develop an entirely new body of law and exceptions for foreclosure cases or we’re going to stick with the established body of law that has guided and directed civil disputes from the inception of our legal system.
For the last several years, we’ve all become frustrated by a system bogged down and by conflicting and contradictory rulings. (Although truth be told, I’m largely pleased with the vast majority of my decisions….but then my motions and hearing preparation go far and beyond what is typically presented.)
But few of the good foreclosure defense attorneys have lost foreclosure cases at summary judgment or at trial. And here’s the thing to keep in mind. Every adverse ruling. Every ex-parte Motion to Substitute Party Plaintiff. Every denial of Motion to Dismiss and every denial of rehearing/reconsideration are subject to cert review.
We all need to keep this in mind and document, document, document. Remember Rehearing/Reconsideration. File exceptions. A court reporter at every hearing.
Be prepared to take appeals on contingency. Be prepared to take appeals pro bono. But whatever you do, take only the correct case. The last thing we need is bad case law out there.
But this should all come as a warning to the parishioners on the other side of the aisle making their case to ignore the law and deny motions…..be careful what you ask for cause it’s coming back years and years down the road.
