Say Anything

May 11, 2009

I’m glad someone had the guts to say this:

“In case after case, lawyers representing banks are giving false statements in court about who owns mortgages, or whether the homeowner is willing to negotiate, or whether they have completed all the legal steps to put a foreclosed house back on the market.”

Remember, I didn’t say it.  They did.  Of course, the judges can’t defend the homeowners.  They are there as neutral adjudicators.  So, who do they turn to?

“The courts usually rely on defendants to point out problems in the cases against them. But in foreclosure court, many homeowners make no attempt to defend themselves. Judges cannot step into that role.”

My position has always been that the banks have attorneys for a reason (of course, business entities cannot appear pro se, but that’s an aside), and homeowners should as well.  At worst, they should learn and fight.

In the 12th Judicial Circuit (Sarasota-Bradenton-Venice area), they’re hiring law school students this summer to review the files to ensure that the pleadings beat minimum standards (here’s a hint: most won’t) and requiring mediation (which is being ignored according to the article.)