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[+] Comment on "CoreLogic: Home Prices Decline for Seventh Straight Month" - Source of Title/OH (3 replies)
4/7/2011 5:17:41 PM (2996 views)

[+] Value America - feedback appreciated - Amy Jensen/OR (8 replies)
4/7/2011 12:42:16 PM (3194 views)

[+] Despicable Me - TJ/FL/FL (1 reply)
4/7/2011 11:59:40 AM (3132 views)

[+] The Next Housing Shock - Dan Zook/NY (4 replies)
4/6/2011 2:43:25 PM (4147 views)

[+] Eclipse Real Estate Services - Ron McPherson/IA (4 replies)
4/6/2011 1:16:20 PM (4030 views)


Real Title Services


[+] Comment on "Deeds Official Asks Trearurer to Pull Account from MERS Member Bank" - Source of Title/OH (4 replies)
4/5/2011 10:59:17 PM (2810 views)

[+] 21 Century-Just say NO - Nathan Miller/KY (9 replies)
4/5/2011 4:03:51 PM (3046 views)

[+] Vendor mgmt games (again) - TJ/FL (9 replies)
4/5/2011 2:13:36 PM (3129 views)

[+] Reality Data - Datachek - Kurt deVries/FL (6 replies)
4/5/2011 12:10:21 PM (3232 views)

[+] Comment on "Chicago Area Title Crooks Plead Guilty at Last Minute" - Source of Title/OH (4 replies)
4/5/2011 8:38:17 AM (2692 views)

[+] UnPaid Invoice from FSE - Dody Fuhrmann/NV (7 replies)
4/4/2011 10:54:40 AM (3108 views)

[+] To Robert - Norean Cashwell/GA (2 replies)
4/3/2011 7:48:58 PM (2928 views)

A Queens Home Wallpapered With Memories - Leigh Attridge/MA
4/3/2011 7:01:25 PM (3534 views)

Foreclosure crisis: Fed-up judges crack down disorder in the courts - Edward Huguenin/SC
4/3/2011 5:42:34 PM (3711 views)
By Christine Stapleton and Kimberly Miller

Palm Beach Post Staff Writer

Updated: 10:06 a.m. Sunday, April 3, 2011

Posted: 7:57 p.m. Saturday, April 2, 2011

Angry and exasperated by faulty foreclosure documents, judges throughout Florida are hitting back by increasingly dismissing cases and boldly accusing lawyers of "fraud upon the court."

A Palm Beach Post review of cases in state and appellate courts found judges are routinely dismissing cases for questionable paperwork. Although in most cases the bank is allowed to refile the case with the appropriate documents, in a growing number of cases judges are awarding homeowners their homes free and clear after finding fraud upon the court.

Still, critics say judges are not doing enough.

"The judges are the gatekeepers to jurisprudence, to the Florida Constitution, to access to the courts and to due process," said attorney Chip Parker, a Jacksonville foreclosure defense attorney who was recently investigated by the Florida Bar for his critical comments about so-called "rocket dockets" during an interview with CNN. "It's discouraging when it appears as if there is an exception being made for foreclosure cases."

In February, Miami-Dade County Circuit Judge Maxine Cohen Lando took one of the largest foreclosure law firms in the state to task in a public hearing meant to send a message. She called Marc A. Ben-Ezra, founding partner of Ben-Ezra & Katz P.A., before her to explain discrepancies in a case handled by an attorney in his Fort Lauderdale-based firm.

"This case should have never been filed," said Lando, who referred to the firm's work on the case as "shoddy" and "grossly incompetent." She called Ben-Ezra a "robot" who filed whatever the banks sent him, and held him in contempt of court. She then gave the homeowner the home - free and clear - and barred the lender from refiling the foreclosure.

Attorney Maria Mussari, who represents the homeowner, said she wasn't surprised.

"She has become a voice for other judges," Mussari said. "If judges crack down on following the rules, we'll still have foreclosures, but maybe the banks will pay attention and do it right."

Mussari said it's taken a while for the courts to wake up to the foreclosure disorder because homeowners were largely unrepresented and judges overwhelmed.

"It's not that they don't care," she said. "They have thousands of cases on their docket and it's the same thing over and over again."

Ongoing scrutiny by the FBI, the Florida attorney general, the Florida Bar, the media and defense attorneys has uncovered countless examples of forged signatures, post-dated documents, robo-signing and lost paperwork.

As a result, defense attorneys are filing more motions challenging the documents. That means judges must spend more time reviewing documents and holding hearings. The situation was complicated last week when attorney David J. Stern, who operated the largest so-called foreclosure mill in Florida, sent letters to the chief judges of Florida's 20 circuit courts announcing that he intended to violate court rules and dump 100,000 foreclosure cases without a judge's order.

"We no longer have the financial or personnel resources to continue to file Motions to Withdraw in tens of thousands of cases that we still remain as counsel of record," Stern wrote, suggesting that the judges treat the pending cases "as you deem appropriate."

Last year, Florida lawmakers gave the courts $6 million to hire senior judges and case managers to reduce the foreclosure backlog. Since the money was awarded July 1, judges have cleared nearly 140,000 cases. As of the end of February, 322,724 foreclosures were still in the system.

But clearing backlogs isn't what judges should be focused on, said University of Miami Law Professor A. Michael Froomkin .

"Substantive justice still needs to be done, and that's very hard sometimes," Froomkin said. "When I read stories about judges looking at things more carefully and holding attorneys accountable, to me, the system is doing what it needs to do."

A closer inspection of cases by judges would slow down the foreclosure train, but the result may be preferable to mere expediency.

"Justice," Froomkin said. "The outcome, I hope, is justice."

Alan White, a law professor at Valparaiso University in Indiana, who has studied the foreclosure issue nationwide, said judges had few reasons to doubt banks in the beginning of the foreclosure avalanche.

"They had a lot of credibility," White said. "Now, when a bank says it owns a mortgage, judges are skeptical."

White said a smattering of "maverick" judges began poking holes in foreclosures years ago before the media and lawmakers seized on problems in the fall. The judicial momentum has built since then.

"The combined impact will clearly be to change practices and to reduce the amount of corner-cutting the banks and their lawyers are engaged in," White said. "It could mean foreclosures get slower. It could also encourage banks to pursue alternatives to foreclosure."

The professors agree it's difficult for judges to pick out problems in foreclosure cases that are undefended. Homeowner advocate is not their role.

"They don't fix things," Froomkin said. "They decide cases."

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[+] Fort Trumbull Update - Kevin Ahern/CT (1 reply)
4/2/2011 7:25:23 PM (3685 views)


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