Fraudclosuregate continues to spin out of control. Absurd statements from Bank of America and the other institutions and law firms that fostered the festering crisis to the contrary, things are only going to get worse. Title claims and will soil our public records for decades and litigation will choke our already bogged down court systems.
When the autopsies are completed, there will be dramatic distinctions and differences in the problems that will be faced by each of this state’s court circuits. It is no secret at all that the judges in the Sixth and Twelfth Judicial Circuits are among the toughest in this state. If you practice here, you are prepared to be put through your paces….no matter what side of the argument you are on. That’s the real business of judging.
For a variety of technical reasons, there are not a great deal of reported court opinions that address many of the substantive issues we face in foreclosure. The primary problem is Orders on Motions to Dismiss are not typically appeal-able orders so there are not many reported decisions that can be cited. The opinion below however, provides much needed answers to many of the questions concerning the practices and procedures that govern foreclosures in this state.
If you’re a homeowner wondering whether there are still judges out there that apply the law fairly and correctly….READ THIS OPINION….IT WILL RESTORE YOUR FAITH.
If you’re an attorney who feels beaten down and abused by the system…..READ THIS OPINION…IT WILL INSPIRE YOU TO KEEP UP THE FIGHT!
If you’re a reporter who is struggling to understand the depth of the Fraudclosuregate crisis….READ THIS OPINION…IT WILL DETAIL BOTH THE PROBLEMS AND THE SOLUTION.
Finally, consumers, judges, attorneys and reporters owe a debt of gratitude to the homeowner’s attorney in this case, Mark Stopa. (Click for link to his website.) Mark is among the most tenacious, committed and dedicated attorneys out there sticking his neck out and fighting the fight…FIGHTING THE FIGHT FOR ALL OF US.
Please do the world a favor…..read this opinion, savor this opinion, but most importantly make sure everyone in the world reads this opinion.
Mark Stoppa, Matt Weidner, Thomas Ice, three names above all Florida defense foreclosure lawyers. I also appreciate the un-named lawyers and paralegals who assist these great America attorneys.
I have heard it said that defense lawyers are not winning any cases for defendants. That at most they only stalling, trying to obtain loan mods. They claim if the lawyers are winning how come they are not posting their winning cases on the internet? What is alleged is, that defense lawyers are only in it for the money and ripping people off. Well here we have a case where Mark Stopa helps refute this accusation. Matt you have posted a lot of stuff on your blog. This opinion gives some of us hope that in this circuit judges are not all asleep and they are at least in this one case holding the rule of law. Thanks to this judge who ruled according to the rule of law and not according to the robo-judges of the past. Has the court finally been released from the pressure to save the economy? Well we will see as we watch for more dismissals. And if judges will not dismiss, then it is time for defendants to being their plans to have SJ vacated and or even sales vacated. It is time to vote out every judge who does not rule according to the rule of law and who robo-stamps SJs when he knows fraudulent affidavits and assignments have been used. Thanks guys for staying in the fight. It would be a shame if 100 years from now historians write that America ceased as a nation due to bank fraud and the foreclosure crisis. Saving home owners is in fact saving America.
THAT! is one flipping beautiful order!!!
There is hope.
I admire this judge for the action taken and dismissal.
Why should the court bend over backwards for these Plaintiff’s (whoever they are) and I mean that literally.
I find it comical how these Plantiff’s are filing assignments of mortgage with the courts a year after initial filing suit and the say the loan was assigned a month or somtime before they filed suit, but the original lender has been bankrupt for over four to five years.
Why wouldn’t the Plaintiff commit all these frauds.
What happens to them?
I think someone needs to subpeona MERS database records to see what the dates are the entries of assignment are being made into MERS.
Keep up the good work.