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The Judicial Foreclosure – Due Process? Not in Foreclosure. And in the Future in a Lot Less Areas as a Result.

January 12, 2014 Leave a comment

Not much to say except that I have seen a great deal of this first hand. As someone who has had doubts in the two governmental branches where officials are truly elected (with the exception of local judicial elections), I have always trusted the judiciary was the true “check” on our government. The branch that was “for the people”, who made the hard decisions such as Brown v. Board. Truly the admirable branch. Not anymore (with the exception of the Judges I have seen that truly try to remember there are two parties to a case). People are now sold for expediency, and the settlements and promises from the other two branches helped to make it happen. Disgusted. The future backlash on our notion of due process will create a backlog where “expediency” over human rights is the rule of the day. Can you imagine that in ALL areas of law? Be concerned. And no backlog problem is solved through expediency. Reversals coming down from appellate judges who truly believe in the American ideal of due process will remind us once again that no amount of legislative funding can buy due process.

“Despite the seemingly favorable stories about the economy and real estate, Florida homeowners are now worse off than ever before. Banks continue their culture of mortgage fraud, and foreclosure litigation has become the legal “wild west.”

For example, on a single day more than 90 foreclosure trials were set to occur before one trial judge. But general magistrates have now become empowered to take the homes of Floridians, despite the fact they were not summoned by any electorate.

In yet another judicial circuit, court staff unilaterally communicates with the bank’s counsel, prompting them on what to file in order to advance the case along.

In yet another circuit, homeowners are being denied routine depositions and discovery.

Banks that ignored the court’s rules for years are not being sanctioned. As if that was not bad enough, courts statewide have been bullied into clearing the backlog of foreclosure cases by the Legislature in order to receive funding. Forget your Pollyanna notions of separation of powers among the state’s branches of government.

The foreclosure crisis is not over; it’s not even close to being over. It’s getting worse. Issue saturation has led to apathy among leaders, the media and the populace. But the due process rights of homeowners continue to be further marginalized on a daily basis across our state.”

http://tbo.com/list/news-opinion-letterday/foreclosure-crisis-getting-worse-in-florida-20140109/

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