Consumers in Florida are under attack in what I describe as the Foreclosure Purge of 2014.

An extraordinary amount of taxpayer resources are being directed at Florida’s courts with one singular mission in mind….


Even if plaintiffs are not willing or ready to go to trial. Even if plaintiffs do not want to proceed to take homes back at foreclosure, the courts are forcing them to trial and then forcing them to have sales.  I think this is grievously wrong. I think that if litigants in a civil justice system do not desire to proceed to exercise the immense power of government, as manifested by judicial action, they should not be forced to subject each other to that power.  Compare what is happening in foreclosure court with family law….what if the courts decided that all family law cases MUST be CLEARED within 12 months.  And what if that mandate flies straight into a new awaking of love and reconciliation occurring between husbands and wives.  What if husbands and wives filed for divorce and really thought they wanted it when they were in the midst of the 2008 economic turmoil.  But as things progressed into 2013 and 2014, husbands and wives took a step back and looked at each other, and looked at their kids and decided….We’re not really sure we want to get divorced anymore…..but we’re still not sure, so we don’t yet want to dismiss the pending foreclosure case.  And the court responded….


And yet this is exactly what is occurring in foreclosure court.  It’s wrong. It’s antithetical to the basic foundation of justice and the self determination of litigants….but that’s what’s occurring right now.

Well, partly as a result of The Law Of Unintended Consequences, we are getting many verdicts for defendants in foreclosure trial.  So what exactly is a “Win” for a defendant in a foreclosure case?  Well, a win is anything other than a judge announcing,

Judgement For Plaintiff, The Home Will Be Sold in 30 Days!

There are several typical resolutions in favor of homeowner. First is a formal verdict for homeowner at the end of the plaintiff’s case.  Second is a verdict for homeowner after we’ve put on our case. A third is when a plaintiff announces that they are dismissing the case…either before the trial or anytime before verdict.

Are any of these outcomes “free” houses for homeowners.  No. Not now and maybe not ever.  I say maybe because I have yet to see many cases where banks refile after a homeowner “win” as described above.  There are charlatans, snake oil salesmen and other folks out there talking about quiet titles and “free” houses and while there might be some very limited examples of such things, those examples are just that….limited, very limited and therefore not realistic to talk about because I believe doing so gives unrealistic expectations to consumers.
We all know there isn’t really much in the way of free lunches…and there are even fewer free houses.  Do the exist… some cases.  But don’t get your heart set on that outcome and don’t rely on representations of anyone whose making such representations……

For now, enjoy the security that comes with working with experienced, reputable legal professionals who  offer guidance that can be relied upon. Stay away from snake oil and delusions….and those that are peddling such wares…..

One Comment

  • Mark Bowen says:

    C’mon Matt, “if litigants in a civil justice system do not desire to proceed to exercise the immense power of government, as manifested by judicial action, they should not be forced to subject each other to that power.”
    First of all, the Judiciary has no power that we “the people” do not grant them.
    Second, when a civil Plaintiff files an action, they are only invoking the court’s authority to adjudicate the action fairly and impartially according to law. The Court’s constitutional authority does not exceed its mandate prescribed by the “people” (see Florida Constitution’s Preamble). In these cases, the “immense power of government” is irrelevant, as all governmental “power” is conveyed by statute and rule. The bottom line in that one issue is this: “the government” (at any level) has no power that is not granted to them by the people, and any exercise of power without authority should be challenged (ultra vires)…period!!!

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