Thursday, September 16, 2010
Florida Chief Judges of Circuits
And have these Chief Judges in these meetings been advised how to handle lawyers representing foreclosure litigants?
And have these Chief Judges been informed to use "procedural" arguments to block motions to dismiss?
Pro Se Litigant: Your honor this complaint should be dismissed because the plaintiff has no standing. They admit in pleadings they did not have my original note or mortgage when the complaint was filed. I move this complaint be dismissed.
Attorney for the Plaintiff: Your honor we have attached to the complaint a copy of the note and mortgage. We do not have to supply the original until summary judgment. The plaintiff moves to deny this motion.
JUDGE: to the Pro Se defendant: You are arguing about procedure. I am going to deny your motion
Pro Se Litigant: Your honor my motion addresses the fraudulent Assignment of mortgage by MERS. MERS has no standing to assign my note. They may be nominee for the mortgage but not for the note. Therefore, the use of the Assignment to transfer my note into a securtized trust after the trust is closed is not legal. I move to strike this assignment.
Attorney for the plaintiff: Your honor our response is the assignment is valid. The mortgage follows the note, and since we have the original mortgage and note now in our possession, the pleading of the defendant has no merit.
JUDGE: To the Pro Se defendant: What you are arguing here is procedural. I am not going to grant your motion to strike.
Pro Se Litigant: Your honor may I add something else?
JUDGE: What is it?
Pro Se Litigant: your honor this assignment I seek to strike was created on February 3, 2009. It was not introduced into the record until July 8, 2010. Your honor, the plaintiff has since February 3, 2009 obtained another assignment from MERS dated June 4, 2010 into the name of another party said to be the successor by merger of the plaintiff. This renders the first assignment invalid and why I am pleading it be stricken.
JUDGE: Your argument is procedural. Motion still denied. I will not have pleadings in this court merely for the purpose of delaying the foreclosure. You borrowed the money, you owe the debt, I do not care who the lender is or who has the note, I am going to clear my docket and yours is one of them.
Here is what was reported on tampabay.com on October 19, 2009:
"He said foreclosure cases are rarely dismissed, and lawyers who use the tactic have little chance of succeeding. Even if the lender's case is thrown out, they almost always refile. "It's just a stall," McGrady said."
McGrady is the Chief Judge of the Pinellas county circuit.
"The judge went further. While appreciating that lawyers need to make a buck, he recommended most home owners NOT hire an expensive defense attorney if their goal is simply to postpone repossession of their house. The calendar is so jammed that many people wouldn't be thrown out of their homes for more than a year after they stopped paying their mortgage."
It is a shocking statement that lawyers are just trying to make a buck from desperate defendants. And it is shocking these judges are not following the rule of law. Where is the Florida Bar? Oh they must be enjoying another swill party where crack is passed around freely from mortgage lenders. Or where is the Florida Supreme Court in all this injustice? Can it be they have turned lady justice into a harlot selling her out to banks and lenders to help revive a sagging economy in recession?
Justice in Florida is a joke.
My respect to the lawyers defending against this corruption.