UPDATE- It’s certainly clear that there is a real change occurring in foreclosure courtrooms. First, the banks are clearly moving forward…emboldened in some cases, but also realistic about the realities on the ground. Next, our courts recognize that there will be real strains placed on them, they will be pulled into the vortex of this new reality.
Translated to English, what I think will happen is that homeowners who have experienced counsel and who are prepared to fight, will find a court system that must respond to their demands for due process…..but therein lies the fight….you must be prepared for a real fight. Attorneys and consumers must be prepared to assert their rights in courts….
Today I have a foreclosure trial in Hillsborough County. I spent the entire weekend deconstructing every single aspect of the Plaintiff’s case. Every piece of paper, every bit of evidence they need. Case law. Statutes. Rules of Evidence.
But the reality is, I’m fearful that none of that will matter. This is, after all, a Foreclosure Trial. Now accused murderers, child molesters…they get all those protections forged over hundreds of years in our faded notions of civil justice and embodied in our state and federal Constitutions. But far too often, these same rights and procedures are not provided to a homeowner in foreclosure. There is after all, an alternative set of rules of procedure, evidence, statutes….which is to say that the existing rules of procedure, evidence and statutes that are evenly applied and fairly executed in most other court cases are not applied in foreclosure cases…because after all, the defendant is in foreclosure. Oh, and, the State of Florida has determined that we must
CLEAR THE FORECLOSURE DOCKET!
And the attorney of an accused in a criminal trial will be afforded all the dignity and respect that our nation’s court system demands. The attorney for an accused in a capital criminal case in any far away county can count on the respect, the support, the backing of the United States Supreme Court. Remember that little guy called Miranda? But far too often, not so in foreclosure courtrooms. After all, our nation has made a decision that we must protect The Banks and Wall Street, no matter the cost or consequences for Americans…individually or collectively. No matter the longer term consequences for our nation’s civil justice system.
Those who are in control have largely made the decision that Due Process no longer matters in the context of foreclosure. Oh, a citizen will get process all right…processed right out of the property they rightfully own. An opinion clearly demonstrated with this frenzy to:
“CLEAR THE FORECLOSURE BACKLOG IN FLORIDA!”
And along the way, I fear we’re going to throw the protections all citizens should receive out of the courtroom. Now, again, the bigger question is….what happens to that home after foreclosure? Will this “bad” homeowner be tossed out so that a “good” homeowner will take title to the property and move their family in? Will a local realtor get that listing, market it to a local family and make a nice commission?
No. Based on all the available data, the home will likely either wind up reverting back to the faceless, unproven trust that claims to be the plaintiff, then transferred through circuitous transfers back to some other servicer or, more likely, back to Fannie Mae and Freddie Mac. Later, it might be bundled and sold, in a Fannie Mae Bulk Sale transaction….back to China or an institutional investor.
Or maybe, it will be purchased by one of the few Wall Street hedge funds or shadowy corporate entities that are purchasing the majority of properties at foreclosure auction.
Either one of those, where it might be rehabbed and rented. But it likely will not end up back in the private ownership of an individual who lives here locally.
And that, my friends, is the much bigger issue that no one seems to be paying any attention to.
Mr. Weidner, I am going through a foreclosure in Sarasota County with BoNY Mellon. My latest effort is MTD for LoP. What I don’t understand is how the plaintiff’s counsel is never sanctioned for submitting this junk. If they are participating in the fraud, how are they not subject to contempt of any sort ? If I lie, I will go down. When they do, it’s business as usual. Is it the role of the defendant to ask for sanctions ? How does not the Appeals Court see when the lower court “erred” so many times that they do not see a pattern ? Is it really that “fixed” ? Stay cool Matt. Keep up the good fight.
YOU NEED AN ATTORNEY OR YOU WILL LOSE YOUR HOME.
Matt,
As a long time follower, it grieves me to read your words.
Do you have any idea how many people you have helped????
I hope today goes extremely well…may already have been completed by now.
Regardless, just as in the movie, ‘The Patrot’, the General urges the grief stricken soldier, ‘STAY THE COURSE’.
Bruised and battered…the people need to see you/we will continue to fight the fight.
Who and when is going to organize a march on the grounds of the capitol in Washington, D.C….home owners must unite in numbers and take our stand. I say we march.
HUGE NUMBERS.
no one is addressing the BK lenders and servers that had assets transferred OUT OF THE BK TRUSTEES CONTROL ( and without written permission from same) that was foreclosed on and the money pocked by the phoney bank trusts
Matt May I Suggest that what we get out to the masses is a last stand for the American People is a PAPER WAR. Yes the people should get any attorney but you are only one of the few in this fight to hold onto what is left of due process and our Rights. You may not be able to help everyone everywhere or your colleagues. So in this case should be to start a self help with disclaimers kind of a DIY foreclosure defense but with your guidance and charge a fee for the motions that fit that particular case it will be less money than appearances in court but more than just filing a document. I believe everyone who is in foreclosure should submit everything under the sun and challenge everything even if it is dismissed keep hitting them with that paper over and over and over again until the judges banks and the American people give them the message that we are not going to roll over and give up that easily. Whats at risk is our freedoms our equities our rights I believe in the foundations of this country and united we stand divided we fall. So lets take a stand and bring on the Paper War!
They say that most homeowners don’t file suit cause they can’t afford it! Our case in MA is different. We were never in arrears and had no knowledge of the illegal sale until 44 days later. MA laws state that the bank has to send a Notice of Default and give you the chance to catch up. We never got a NOD because we were never in default. We also never got a certified letter of Notice of Foreclosure sale, nor was it ever published in the newspaper. That is all a DEFENSE because the unethical Bank did not comply with MA laws. We provided proof of all this and more and paid almost $35,000 in legal fees but the Judge made a judgment not based on Facts of Law. We filed 2 cases in Superior Court and the Housing Court Judge suggested that we consolidate the case so he could get permission to oversee. Our attorney told us to allow it because this Judge rules in the homeowners favor. We were never given the opportunity for a jury trial and after the Judgment came in our attorney jumped ship. You have never seen a case like ours. Unfortunately we lost our home of 24 years at the time, our retirement & life savings. I need an ethical person who has a voice that will be heard to expose this Judge and our case. He also denied every Motion we filed in time. My dad almost had a stroke when I presented him with all our proof. The Bank did not and could not prove they had complied with MA laws but perjured themselves under oath and the Judge ignored our proof and took their word. My days are consumed with getting justice but I am not going to pay another $35,000. Did I also mention that I have a complete paper trail in sequential order and I did most of the work for the attorney. When the judgment came in our lawyer charged us $500 to look up the law! Are you kidding me? So much more to the story but I need advice.