Foreclosure Defense Florida

The Way A Summary Judgment Hearing Should Occur

rush-foreclosureI spend a lot time highlighting the inequities of the current foreclosure system, particularly the “Rocket Dockets” that are churning through foreclosure cases across this state like so much rancid meat, but when things happen correctly, it is equally important to shine a light on those procedures.

In Pinellas County, the mass foreclosure dockets are held in open court with senior judges who, in most times I’ve been there to witness, take the time to listen to every party who appears….whether they have an attorney or not.   I may not like some of the rulings but, as a general rule, I see real effort being made to explore both sides and not just rush to a grant summary judgment.   For the most part, I don’t see the mad rush to grant Summary Judgment that represents a fundamental violation of rights and an abuse of the judicial process being implemented here in Pinellas County.

The transcript of one of the recent hearings I participated in reflects the   concern and effort this circuit is putting forth to make sure that principles of equity and fairness are demonstrated to all parties involved.   Having said that, the contrast with what happens in this hearing where the court recognizes that is options other than granting foreclosure and what we are hearing from other circuits could not be more dramatic.

This transcript highlights a grave fear I have that homeowners are in active workout arrangements with their lenders, but unbeknown to them the banks or the courts or both are proceeding with the foreclosure case and their home will be sold right out from under them while they are in a formal workout.   This fear is magnified by the fact that courts are now reluctant to cancel any foreclosure sales, even when the Plaintiff requests them…..all part of this mad rush to drive the foreclosure car off the cliff……

WE ALL NEED TO TAKE A DEEP BREATH, SLOW DOWN AND CONSIDER WHY THERE IS THIS MAD RUSH TO PUSH THESE CASES ALONG…AND CONSIDERING THE NEW ECONOMIC REALITIES DO THESE PLAINTIFFS REALLY WANT THESE FORECLOSURE SALES SET?

and now the transcript….

Taylor_Bean vs Preble_08-24-10_Beach_FullSize

taylor-bean

One Comment

  • Kathy W. Smith says:

    Can you tell where I might find information or an outline that I might use going into my Summary Judgment Hearing regarding my Medical Malpractice case?

Leave a Reply