Foreclosure Defense Florida

Why Is The Florida Bar Offering Free CLE For Foreclosure Mills?

free-CLE-FloridaBarThis world is a bizarre place and it’s getting even more bizarro.   As we learn from Washington DC and New York City every day, the perpetrators of the financial crimes are not just not punished…THEY ARE REWARDED…..quite handsomely, thank you all very much.   Not just thank you….THANK YOU….VERY, VERY MUCH.     The Wall Street types, the lenders, the servicers, they’re all pocketing billions while at the same time their crimes and wrong doing is being very well documented….and there is precious little talk now about issuing any punishment for the wrongdoing.   Meanwhile, attorneys, advocates and civic minded thinkers who speak out against this tyranny are subject to attack. (First thing we do…silence the critics.) It’s all very Orwellian and quite terrifying to me.

And now the Florida Bar is offering free education for foreclosure plaintiffs.   I’m all for educating, but I’ve got a problem using my dollars to pay for it.   I think Bar outreach and efforts should be used to go out and support the public and to reward and assist attorneys who are serving consumers and the larger good….not the Wall Street Wizards that helped cause all this mess.   Why don’t the foreclosure mills voluntarily have their attorneys take this CLE and pay a reasonable fee for the production and distribution of the education…then use those proceeds to support charitable and consumer outreach programs of the Florida Bar?

But the thing I find most disturbing thing about this is how much time is spent in this advertisement talking about a profoundly serious ethical issue that must be quite widespread if it is being given this much attention.

Based on the amount of space this issue is discussed, should we expect a new round of affidavit and attorney withdraws after the attorneys attend these seminars?

Click below to read the article:

Florida Bar

6 Comments

  • CASECLARITY says:

    This is actually very good news because it puts the issue of the plaintiff’s attorneys’ ethical duties front and center, as opposed to what we have had in the past ““ no one at the Bar seemed to want to address the elephant in the room. Attorneys representing foreclosing plaintiffs are effectively being put on notice to put their house in order and the free training takes away any excuse not to participate. After all, to be fair there have been free educational sessions made available to homeowners.

    This ” reality check” training is long overdue and necessary to bring back into focus the attorneys’ ethical responsibilities and requirement to act with candor toward the court. Those of us who have witnessed the gross abuses of legal proceedings in mortgage foreclosure cases by plaintiff’s attorneys most times conclude that the bad conduct is calculated and deliberate. The conduct goes beyond fabricating and offering up false affidavits and other documents in legal proceedings. No, the conduct extends to making it impossible to cooperate on setting matters for hearings; representing the court that an effort has been made to resolve or narrow the issues before hearing; introducing documents into the proceedings without service on the defendants and the list goes on. Some training may not change the stripes of the animal, but it will certainly bring back into focus the responsibility for compliance.

    Prosecutions for failure to comply with the rules will be on more solid ground because these attorneys, their law firms and supporting staff, directly and indirectly are being put on notice that new eyes are viewing the sloppiness, disregard for the boundaries of their ethical duties, blatant abuse of opposing parties in litigation and misrepresentations to the court. While the foreclosure defense attorneys and their clients can only hope that the Bar will actually begin to enforce the rules and take action against lawyers in violation when complaints are filed ““ which the track record is seriously in question ““ there is no reason to sit back and simply rely on these measures.

    Florida consumers exposed to these abuses are protected by state and federal laws that make it a cause of action to unfairly attempt to collect a debt by abusive debt collector attorneys. Some of these protections and causes of action arise under 15 § USC 1692, the Fair Debt Collection Practices Act (FDCPA) and § 559.77 Florida Statutes, the Florida Consumer Collection Practices Act (FCCPA). Violations of these statutes are automatically deemed unfair and/or deceptive practices and therefore bring into view causes of action under the Florida Deceptive and Unfair Practices Act, § 501.211 Florida Statutes. The new training and heightened awareness of the duty for plaintiff’s attorneys to refrain from the unfair and sometimes fraudulent conduct only adds to the factual basis in any claim that advanced under these consumer protection statutes.

    The bottom line is that while the training and focus on these ethical issues by the Florida Bar is a good thing, nothing in the past track record even suggests that there is a new sheriff in town and that attorneys will now be held more accountable for their violations. It is, nonetheless, a step in the right direction that even foreclosure defense lawyers should applaud. And, it follows that no law firm prosecuting foreclosure claims will have an excuse that its bad conduct was simply a bonafide error notwithstanding the procedures to avoid such an error ““ especially if they have been in attendance at these training sessions. At least as to the violations of ethical duties when false or fraudulent content has been offered up by their foreclosing clients and/or their clients’ agents.

    While the probability may be too remote, I certainly hope that foreclosing plaintiff attorneys will find and take the higher road, withdraw from representations and/or withdraw the false evidence that has infected and currently plagues thousands of legal proceedings in our state.

  • millerjenn says:

    So, the question is who do we turn to with our cries for help in this situation? If it’s not the Courts, the attorneys, the banks…then who?
    I say God is watching and God keeps track.
    Justice is coming. Keep on keeping on…justice is coming…even though in the valley it seems the efforts were in vain….keep going…justice is coming. He has seen it all….and when He drops the bomb, the people will know He is God. These are the laws of the land. God wrote these laws through his chosen men. He has a plan with it and He knows the ending of the story. Keep your eyes on Him.

  • smtblnde says:

    Looks like the Bar is providing preemptive cover for bar violations made by mill attorneys.

    Watch disciplinary comments for this kind of language “it should be noted that [insert mill attorney’s name here] has taken rehabilitative action upon his/her own initiative by taking the CLE course titled “I didn’t know that was fraud.”

  • This has been a big topic during one of the radio talk shows I listen to.

  • This world is a bizarre place and it’s getting even more bizarro. And now the Florida Bar offering free education for foreclosure plaintiffs. I’m all for educating, but I’ve got a problem using my dollars to pay for it. I think Bar outreach and efforts should be used to go out and support the public and to reward and assist attorneys who are serving consumers and the larger good not the Wall Street Wizards that helped cause all this mess.

  • I’d have to test with you here. Which isn’t one thing I normally do! I enjoy reading a publish that can make individuals think. Also, thanks for allowing me to remark!

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