Judge Jennifer D. Bailey | FORECLOSURE FRAUD | by DinSFLA

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Foreclosure crisis: Fed-up judges crack down disorder in the courts

Foreclosure crisis: Fed-up judges crack down disorder in the courts


Excellent  job from Palm Beach Post Christine Stapleton and Kimberly Miller:

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.”


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Judge holds bankers in contempt, threatens jail

Judge holds bankers in contempt, threatens jail


Jose Pagliery Daily Business Review January 13, 2011

Representatives from six major banks that skipped a hearing in a Miami condo association receivership case could face the wrath of Miami-Dade Circuit Judge Jennifer Bailey today if they fail to show up a second time.

The judge already has declared lenders that own or are foreclosing on units at Bird Grove Condo are on the hook for $105,999 in expenses for the court-appointed receiver for the association. She also held the six in contempt of court.

Bailey last month granted a request by the receiver, Miami attorney Lisa Lehner, to be paid for pulling the building — an asset for the foreclosing banks — back from the brink of condemnation.

When Lehner was appointed in March, garbage hadn’t been collected for weeks, electricity was about to be cut off, the building had no insurance, and an elevator was broken. She turned it around in months.

“They have property and collateral that if I walk away from turn into nothing,” Lehner said. “Here I am, sitting as their property manager, working for free after practicing law for 28 years. It’s just not fair.”

Lehner’s demand for $5,579 in expenses per unit went uncontested at a Dec. 1 show cause hearing where Bank of America was the only lender to send a representative. Missing were Flagstar Bank, GMAC, PNC Bank, SunTrust Bank, U.S. Bank and Wells Fargo.

In November, banks owned two units and were foreclosing on another 17 units in the 39-unit building at 2734 Bird Ave. between a gas station and a gallery. A one-bedroom, one-bath unit is listed for sale for $50,000. Bank of America filed nine foreclosure cases, followed by GMAC with five.

The six lenders were ordered to send non-attorney representatives to today’s hearing, when Bailey will discuss whether the banks also should be required to pay the receiver’s upcoming maintenance fees. Bailey’s order threatened to have bankers arrested if they didn’t show, and she warned, “You may be held in jail up to 48 hours before a hearing is held.”


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VALUABLE: The Florida Foreclosure Judge’s Bench Book

VALUABLE: The Florida Foreclosure Judge’s Bench Book


Source: Matt Weidner Blog

The Foreclosure Bench Book is a very valuable resource that every defense practitioner should be using as part of our efforts to assist the judiciary in deciding these foreclosure cases.  The Bench Book is just a book, it’s not The Bench Bible, but to the extent it is helpful, it would be most valuable to reference and cite the book in support of your cases.

The release of this important document truly is a valuable resource for all of us involved in the ethical fight and the defense and protection of our courts.  We should all be working for a uniform and consistent body of foreclosure law and rules across the state and the proliferation of this important document will only help in that effort.

TABLE OF CONTENTS

Introduction……………………………………………………………………………… 2
Lender’s Right to Foreclose…….……………………………………………………2 Default………………………………………………………………………………………..3 Acceleration………………………………………………………………………………. 3
Statute of Limitations…………………………………………………………………. 3 Jurisdiction……………………………………………………………………………….. 4
arties to the Foreclosure Action…………………………………………………… 5
Filing of the Lis Pendens………………………………………………………………. 11
The Foreclosure Complaint…………………………………………………………. 11
Original Document Filing and Reestablishment of the Note……………. 13
Fair Debt Practice Act………………………………………………………………… 15
Mandatory Mediation of Homestead Foreclosures………………………. 15
Service of Process……………………………………………………………………… 18
Personal Service…………………………………………….……………………………18
Constructive Service……………………………………………………………………20
Service of Process outside the State of Florida …………………………….. 24
Substitution of Parties……………………………………………………………….. 25
Entry of Default………………………………………………………………………… 25
Appointment of a Guardian ad Litem…………………………………………… 27
Appointment of a Receiver………………………………………………………….. 28
Summary Final Judgment of Foreclosure…………………………………….. 29
Affidavits in Support of Motion for Summary Judgment………………. 30
Affirmative Defenses………………………………………………………………….. 32
Summary Judgment Hearing……………………………………………………….. 36
Final Judgment………………………………………………………………………….. 36
Judicial Sale………………………………………………………………………………. 39
Post Sale Issues………………………………………………………………………….. 42
Right of possession…………………………………………………………………..… 43
Protecting Tenants at Foreclosure Act of 2009………………………….… 43 Surplus……………………………………………………………………………………… 45
Deficiency judgment………………………………………………………………….. 45 Bankruptcy……………………………………………………………………………….. 49
Florida’s Expedited Foreclosure Statute………………………………………. 49
Common Procedural Errors………………………………………………………… 50
Mortgage Workout Options……………………………………………………….… 51

[ipaper docId=40857868 access_key=key-wlp06ah6ded9mq9sh3x height=600 width=600 /]

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