Say Anything

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.)

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One Response to Say Anything

  1. HADLEY DUGAN says:

    My friends home at 160 My Way
    Santa Rosa Beach was foreclosed on by a second mortgage company that the loan was transferred via transfer of deed vs. transfer of mortgage or note which is required in florida. Her home has massive mold and possibly chinese drywall but it is not being disclosed. Is this required in florida? Her home was foreclosed on over two payments. There was no discovery allowed by the judge. She was not served but the process server provided false documentation that she was avoiding service. How can this be.

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