Although the Florida Supreme Court has declined to take any affirmative action against the widespread fraud and abuse that is occurring in Florida courtrooms, all attorneys should be reminded that they have an obligation under the Rules Regulating the Florida Bar to report all potential ethical violations of other attorneys.
As reported in the attached article that appeared in the Florida Daily Business Review, I recently filed a complaint with the Florida Bar requesting that they look into the very unusual situation involving the Law Offices of David Stern and the non-legal component (whatever that is) of that practice, David J. Stern Enterprises. I encourage everyone to read this article carefully (especially US Congressman Grayson) then stay tuned to see if the Florida Bar actually takes any interest in the very real issues that provoked the complaint…..
For comprehensive reporting of many complex issues that relate to our courts and foreclosure in particular, please visit the website of the Daily Business Review Here.
While I’m certainly glad that national and statewide press have now picked up on the issues relating to foreclosure and foreclosure fraud, we cannot forget that the excellent regional press sources like Daily Business Review have been tracking and reporting on these issues for quite some time. Please support their reporting and effort by subscribing to their excellent paper.
Well, I read the article and your comments Matt, I just do not get how you can see all the fraud and illegal attorney work being done but the Bar does not see it. I think a lot of paralegals are practicing law without a license and writing up motions and orders and the attorneys under whom they work are not reviewing their work and this is cause of a lot of sloppy court documents and takes up a lot of court time to correct. Thanks Sir for sticking out your neck to make the complaint.
Matt,
I feel your pain and it hurts, but, keep in mind that the judiciary reviews the application and implementation of law. It is not there to create the law. We have the legislative branch for that.
Though we are certainly in dire times and in full need of emergency relief, the judiciary is not where the remedy is to be sought. This is the time to call on the power of members like Reps. Grayson and Brown, the House of Congress and the full Florida legislature to fully come to terms with the emergency situation which is upon us and enact legislation to halt the fraudulent use of the foreclosure process we now know to be systemic.
One very relevant and illustrative case comes directly from the U.S. Supreme Court in Home Bldg. & Loan Ass’n v. Blaisdell, 290 U.S. 398, 54 S.Ct. 231 (1934), when, during the great emergency of the Depression, our high court was petitioned to determine the constitutionality of a Minnesota law for it being alleged to be repugnant to the contract clause (article 1, s 10) and the due process and equal protection clauses of the Fourteenth Amendment of the Federal Constitution.
That learned Court determined that the power of the state to give temporary relief from enforcement of contracts exists when urgent public need demanding such relief as may be produced from economic causes, and specifically, in that case, the mortgage market, as well as in the presence of natural disasters caused by fire, flood or earthquake. That learned Court also kept the separation of powers within our government separate. It did not take on legislative duties.
Though it certainly is disheartening to catch a rebuke from the ” mere” Clerk of Court’s response, do not think that this is the end of the challenge.
We all need to pressure our politicians to enact relief legislation now, ASAP.
We cannot sit idly by ““ the consequences of inaction will be too severe for all.
You have a lot of support. Chin up and keep fighting the good fight.
JohnV
The Bar?
They’ve found many of our well-documented complaints “unsubstantiated”.
At least the Florida Attorney General found the same complaints with the same documentations worthy of investigation.
Lisa
ForeclosureHamlet.org