Foreclosure Mill Law Firms…are they following the law?

There has been a lot of press in recent months regarding those law firms referred to as foreclosure mills.  Foreclosure mills are law firms that work for lenders  who handle the actual foreclosure actions by the hundreds.  One of the reasons they are called mills is that they just churn these actions through the courts often getting more business as a result of their speed in finalizing the acitons.  The faster they can foreclose on a case the more that lender gives them and the larger their reputations become in the banking industry.

These law firm mills often time try to manipulate the system and often deprive people of their right of due process.  Many of these mills very often disregard the law then attempt to justify or even lie to a judge only to achieve their desired result.

One such firm, The Florida Law Defense Group has been written about often and have been sanctioned by many courts.  My first hand experience with this particular firm was one whereby the defendant was Pro Se, had noticed the court and filed an answer to the original summons within the allocated time frame.  In other words, the defendant was on record as posting a defense.  Being on record as Pro Se immediately indicates that he – the defendant – should be noticed of any actions taken by the law firm as they would if an attorney represented him.

Long story short, we were waiting for a hearing to be set as 2 or 3 months had elapsed since his finling.  I decided to check the court docket on his case and was surprised to find that the hearing for final summary judgment was held the day before.   The judge believing that the defendant was a no show at the hearing did what he had to do and issued the final judgment and set a sale date for the property.

This triggered a flurry of activity which ended in the defendant hiring an attorney who was able to have the judge reverse his decision, the final judgment, and cancelled the sale based on evidence that was produced that proved that The Florida Defense Group did not notice the defendant at all.  Notice should have heen mailed but never was.  I can attest to this as I was the one checking his mail while he was out of town.  We knew the importance of the notice of hearing and wanted to make sure the defendant was in town and at the hearing.

There have been other stories about this firm but rest assured they are not the only ones acting in bad faith and perhaps violating people’s rights for their own financial gain.

The issue of producing the note and proving ownership of the note is one these foreclosure mills are well aware of.  They are also well aware of the laws in the states they practice in concerning these issues.  In other words, the know, I am sure, that they are not representing the Right Party in Standing yet take the case anyhow.

Will the courts begin to recognize this gravve injustice?  Some around the country are.  There is one in Sarasota, Fl;orida that has and even went so far as to sanction this very same firm.

This story appreared in a lawyer written blog – The Florida  Bankgruptcy Lawyer Blog.  The full post appears below but be sure to go the the link of the actual blog.  There is other good information on it.

Disclaimer: I do not know of this attorney or the firm and the link to it is in no way an endorsement or approval of this firm.  Should anyone decide to contact them do so on your own volition and make your own determinations of thier ability should you decide to retain them.

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Posted On: March 7, 2009 by Carmen Dellutri

Sarasota Judge Cancels Foreclosure Sale

As a foreclosure defense attorney in Sarasota, I am glad to say that Sarasota Circuit Court Judge Donna Padar Berlin recently issued an Order canceling a foreclosure sale in a mortgage foreclosure case. Sarasota is now, in my opinion, taking a firmer stance against abuse in the mortgage foreclosure system by the mortgage companies. This is an excellent step in the right direction.

Prior to the Court’s March 6, 2009 Order canceling the March 30th sale date, the Court had issued a prior Order on February 6, 2009 which stated that the mortgage company could not set another sale date. Despite that Order, The sale date on the defendant’s home had been set for March 30, 2009. The Sarasota Judge canceled the sale when she found out that the mortgage company represented to the homeowner that she could modify her mortgage and that the mortgage foreclosure lawsuit would be abandoned.

Kudos to Judge Donna Pader Berlin for putting a stop to a practice that is all too prevalent in today’s economy.

This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Dellutri also sits on the Board of American Board of Certification. Mr. Dellutri is also one of the founders of the Bankruptcy Law Network, Debt Law Network, Credit Law Network, and Mortgage Law Network. Mr. Dellutri also writes for the firm’s personal injury litigation blog and the firm’s mortgage modification blog.

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