The case law provides, quite clearly, that even in isolated cases the proper sanction is to grant an involuntary dismissal of that foreclosure case.
Now I’ve asked for this repeatedly in these cases, and have gotten it increasingly. But there is still the occasional judge that will hold out, thinking that dismissing a case is just too harsh a sanction. To those judges I ask,
“What if this is just one example of a knowing pattern of crimes committed against the court system, against all The People that costs every one of us money?”
The answer of course should be, “one example is proof enough, I have a duty to send a message, and I’m going to send that message….CASE DISMISSED!”
This violation exists in about 30-35% of my foreclosure cases, the larger question of course is what will happen when it’s shown that 30% of the cases statewide have this defect?
