For the full context of the bizarre machinations that are occurring in this case, you’ve got to read the original blog post that laid out all the craziness that happened on the day of this foreclosure “trial”. Not really a trial because the plaintiff bizarrely dropped me from the lawsuit so we had no opportunity to stay and participate in the trial.
So we went forward and appealed….and after the plaintiff went back and “fixed” their Final Judgment….
Problem is…(for the bank)…while their Final Judgment may be “fixed”…and while a foreclosure sale may in fact have gone forward……
My client’s interest in the property still remains…..So what did they accomplish? Not much as far as I can tell. The bank has title to a property…but they cannot do anything with it because we’ve got a big fat lien on there.
The “trial” was nearly a year ago….December 2014 when this fun exchange occurred:
“Judge we dismiss Mr. Weidner’s client from the lawsuit.”
(And they all sat their snickering as if they’d played some wonderful little magic trick…except that..well, it doesn’t work that way.)
I warned the judge that he shouldn’t fall for their silly little trick and that merely dropping us from the lawsuit wouldn’t make us magically disappear…any more than pixie dust can make a mortgage magically disappear. I told the judge that any judgment would be void, which prompted this exchange:
The Court: So who is going to tell me this is a void document? That’s my question, other than you?
Mr. Weidner: There’s a place over in Lakeland. (I’m referring to the appellate court)
The Court: And how is Lakeland ever going to see this case? They’re not going to appeal it. You’re not going to appeal it because you’ve been dropped as a party so you have no interest.
So where exactly does this all end up?
Just add this file, this property to the mountain of files in my office with title problems that cannot be solved anytime soon…..
And stay tuned ….. (many, many months or years from now)
