Foreclosure Defense Florida

TERRIFYING! Foreclosure Defense Attorney ARRESTED!

Americans should be terrified about what is happening in what used to be “their” courtrooms. Florida’s foreclosure courtrooms were formally ceded to the banks when the banks handed over foreclosure settlement money to the banks and now, those courtrooms operate primarily to turn property back over to the banks that fund their courtrooms. (All of this found in Florida Senate Bill 1852).

And while most do not see first hand the impact of this, we all witness the bias every day.  The following is one extreme example of the expression of this breakdown in our justice system….

An explosive confrontation between a judge and foreclosure lawyer led to a scuffle with bailiffs as attorney Stuart Golant was removed from the courtroom and charged with two felonies.

He was arrested Nov. 14 in Palm Beach Circuit Senior Judge Howard Harrison’s courtroom and jailed overnight. The incident came to light June 10 when Golant & Golant alleged in another case that the judge systematically discriminates against the law firm and its clients.

“It’s kind of a crazy mess,” said Golant’s wife and law partner, Margery. “This was an elderly man in a business suit arguing a case in court. There was no reason for anybody to touch him … and no reason for Judge Harrison to tell them to remove him.”

Golant, 70, was arrested after the judge found him in contempt and imposed a $500 fine.

“Mr. Golant continued to yell at the judge,” according to the arrest affidavit alleging the attorney “reached for and grabbed” the arresting officer’s throat.

6 Comments

  • Sorry but bad move by the lawyer continuing to yell and scream and grab the officer’s throat. Assaulting a police officer isn’t a joke either. The correct move would have been state the objection and leave with the officers and then deal with it after professionally, with a complaint to the chief judge or otherwise.

  • Stupendous Man - Defender of Liberty, Foe of Tyranny says:

    The correct move? Excuse me, the correct move?

    Complaints after the damage is done rarely render anything reasonable, or remedial.

    • Yes, correct. Professionalism. Say yes judge and leave. File a JNC complaint or with the chief judge. File a motion to disqualify or for a Writ of Prohibition. Yelling at the judge and fighting the officers is not condor, sorry. I would never ever ever act like that in a courtroom no matter how wrong the judge was, period.

      • And FYI this is not the first time this lawyer has shown disregard and bad behavior to a court/judge. Google him, he got in big trouble with the federal bankruptcy court in Miami too with sanctions etc and not complying with what a judge said. This is a string of misbehavior to judges by this lawyer.

    • Yes the correct move. Candor is the word. Nowhere in the lawyer ethics rules does it say yell at the judge or assault a police officer just escorting out of the room. In fact the rules say deference to the court; respect for the court. You say yes judge and leave. And then you file whatever motion you need to file, disqualify the judge, complaint to the chief judge, complaint to the JNC; MANY options while still acting professional. I would never ever EVER raise my voice at a judge let alone start a fight with 2 court officers; period. It doesn’t matter if my client just was sentenced to death, which this was only a foreclosure. You do not act like that in court, period, no matter what the circumstances.

      And this lawyer has a public track record of disobeying judges and yelling at judges/trustees in bankruptcy court here in Ft Lauderdale. Google this lawyers name the court order from federal court is public sanctioning this lawyer, saying he essentially took money from his clients and doesn’t know what he is doing, and making verbal accusations at the court and trustee. His record of disrespect for the court in the public record does not make this outburst as shocking as the media want it to be.

  • Matt you have always been great. I posted this on Neil Garfield’s Livinglies wordpress blog.

    My house went into foreclosure in Oct 2008.
    The reason it did was because I quit making my payments.
    Why did I stop making my payments? Its a long story, but I will cut it in half by starting in the middle.
    In late 2007 the economy was falling off a clift , and my business was having a huge drop in business.
    At the time my loan was serviced by Regions Bank, witch was great because I did my banking with them and could make my payments online. After I had made many ontime payments, they offered me a $20.000 open line of credit, and gave me 90 days to activate. So when the economy tanked, I moved to activate, they reneged, on the offer.
    In early 2008 I started looking to once again refinance. I went to the online site of Lending Tree and filed for a loan. I had listed the loan amount I had got from Quick Loan funding that was used to pay off a earlier loan that I had got from Amerquest Mortgage.
    Lending Tree informed me that I had two mortgages on the property for a total of $160,000.00 instead of the $90,000.00 mortgage from Quick Loan, that was to pay off the $70,000.00 mortgage.
    I found out that the last assignment was in the name of Quick Loan Funding, that by 2008 was already out of business.
    I made my last payment in Feb 2008.
    When the Bank got in touch with me, I asked why I should make any payments to them or anyone else, considering the facts?
    The woman I spoke with said she would get back to me and I got her number off the caller ID. I tried to call her back a few days later, and the phone just rang and ranged with no answer. A few days or weeks later I got a notice that my loan had been transferred.
    GAME ON!
    To make it short after a 5 year court battle I won the decision, using advice of Neil, and plagiarized work from Matt Weidner.
    Shortly thereafter Matt wrote a blog
    ” THEIRS NO WINING A FORECLOSURE SUIT IN FLORIDA”
    Second Court of Appeals had ruled that a lender could refile by changing the date of the payments owed, and even cases that had been dismissed with predigest, could be refiled.
    My heart sank.I knew it would happen again.
    I had filed a TILA rescission on 02/11/2009 on the loan of 04/21/2006
    I sent it certified Mail to the attorneys representing the people who claimed to own the note and mortgage. Liquidation Properties, Inc. AKA Citi Property Holdings Inc and to their home office,s and filed it with the court.
    At the first hearing, the Judge asked me why I stopped making my payments? I responded ” I wanted to know that the payments were going to the proper parties”. The people who filed this have no standing
    He did not like it. He also did not like the six page, throw everything at them but the kitchen sink, defense that I got online. He was waving it around, and said “WHERE DID YOU GET THIS?”
    I replied ” I got it from a foreclosure defense group”
    He said “Probably was written by a para legal”.
    I said that the parties who filed this had no standing.
    I then inquired about the Note.
    “WE HAVE A COPY OF THE NOTE” He screamed, and was flipping through the file, he finds it and hands it to me. I make him wait till I read it, and I hand it back to him, and say ” I would be happy to give the plaintiffs a copy of some money”.
    At that point he went ballistic, and was fumbling through his file and asked the plaintiffs attorney “Where are the assigns ” She responded by asking ” Are they not in the file” This was the only thing she said other than her name at this hearing. In Florida the judge prosecutes foreclosure cases.
    “OK, this hearing is postponed, file your assigns!” He says to the attorney
    I motion to my wife to leave, and as we are, he says
    “I GUESS YOU FEEL THAT YOU DON;T OWE THEM ANYTHING?”
    I replied ” I may owe somebody, judge , but I don’t owe them”
    The case was tried in the 6th circuit court of Pinellas County FL. case #08-16377-CI.
    You may review and plagiarize at will, if any of it will help you.
    A few weeks later they filed a assignment from DOCX signed by Korrel Harp, and Linda Green. with a effective date prior to the suit being filed. I studied them and went online looking for their names on assignments of mortgage, and found that they had many different titles. And many different signatures. at this time I stumbled onto Fraud Digest who was ran by Lynn Szymoniak Esq who was calling out for anyone who had assignments of mortgage from DOCX . I emailed her with all the assignments that I had, and she sent me all she had including her own. We then went to work on getting more. She was very successful at gathering a very large amount, and I contacted the Fulton County District Attorney to report a crime. I contacted the Alpharetta GA police to let them know of the mass fraud being committed. I think it did have a effect. Soon DOCX was closed, the law firm of Ben-Ezra & Katz of Fort Lauderdale lost their Fanny Mae funding, and 200 lawyers and 400 support personal, hit the streets when it closed. So sad.
    My problem is they did refile. And now I have a summary judgement hearing scheduled for 07/07/2015.
    Help and assistance, is asked of all.

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