Sarasota judge simplifies foreclosure cases

Posted by revolt | Sarasota judge simplifies foreclosure cases | Sunday 17 October 2010 11:31 am

Sarasota judge simplifies foreclosure cases

COURTROOM: A checklist of filing errors can bring a case to a halt

By Todd Ruger

Published: Sunday, October 3, 2010 at 1:00 a.m.
Last Modified: Saturday, October 2, 2010 at 10:18 p.m.

SARASOTA COUNTY – Criminal defense attorneys used to call Judge Harry Rapkin “Hang ‘Em High Harry” for his tough prison sentences, and his latest crackdown in foreclosure court might have home lenders trying to come up with a similar nickname.

Rapkin unleashed a new order last week, aimed at attorneys for lenders who are still making the kind of simple errors that would be considered ridiculous in any courtroom. A lot is at stake; Rapkin sees hundreds of cases where the lender is minutes away from taking someone’s property.

Rapkin’s new order completely dismisses foreclosure cases when they do not follow the simplest of rules.

The judge’s new order has nine check boxes listing the most common mistakes he sees in foreclosures. The most basic — not showing up for a hearing — is listed first. Then there is one for attorneys who filed a motion to win a case that they had previously dismissed, and one for attorneys who filed a motion to win a case they had already won. If one these boxes gets checked, the judge dismisses the case.

The obviousness of the errors is one outcome of the mass volume of foreclosures running through Florida courts and the desire by large legal firms to handle foreclosures en masse, resulting in shoddy practices.

“This isn’t brain surgery,” said Sarasota attorney Michael Belle, who reviews foreclosure filings for the judges as part of a court-sponsored program.

On Sept. 24, the day Rapkin debuted the order, a quarter of the 250 cases seeking his permission to retake property made one of the errors, 61 in all.

Rapkin’s checkboxes give him a quick way to make rulings on the cases. But it also has a twinge of ridicule: as in, can you believe professional attorneys can get things this wrong?

Belle said it is a sad commentary about how a judge feels he must hold the hand of these attorneys just to meet elementary standards.

“Judge Rapkin is now finally saying I can’t trust these guys anymore, so here’s what I’m going to do,” Belle said.

The most direct message gets sent right to the lenders’ pocketbooks. The order dismisses the foreclosure, meaning the lender must pay a filing fee up to $1,900 again if it wants to try to foreclose on the property again.

Attorneys in at least 15 of the 61 cases Rapkin dismissed with the new order have already tried to get a rehearing to try to save their case.

The foreclosure system is still overwhelmed by cases, with attorneys for some lenders each handling thousands of cases.

Foreclosure defense attorneys have decried the paperwork from lenders for years. Now, problems with paperwork have led some lenders to halt foreclosures in up to 23 states, and the Florida Attorney General’s Office is investigating possible fraudulent documents being used to retake homes.

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
These microbes compete for nutrients from the food you eat get levothyroxine online no prescription the drugs are used to kill bacteria. certainly, many people have benefited from using them buy antibiotics without prescriptions this chapter addresses the possibility that antibiotics may help fungi to proliferate within the human body can i buy amoxicillin over the counter as an adult human, you have three to four pounds of beneficial bacteria and yeast living within your intestines ordering bactrim online yeasts are opportunistic organisms. this means that, as the intestinal bacteria die, yeasts thrive, especially when their dietary needs are met where can i buy propecia this results in a syndrome called leaky gut. yeasts are not the only possible cause of this syndrome lynoral buy this practice not only possibly contributes to antibiotic resistance in humans tetracycline to buy as an adult human, you have three to four pounds of beneficial bacteria and yeast living within your intestines order cipro online i don,t know if larger doses are in fact administered to people buy online levothroid simply put, antibiotics are poisons that are used to kill. only licensed physicians can prescribe them clavulanate purchase i,ll assume that the same toxicity scale remains in place today purchasing bupropion online some scientists have linked non-steroidal, anti-inflammatory drugs (nsaids) such as naproxen and ibuprofen to the problem aciphex to buy online yeasts grow unchecked into large colonies and take over, in a condition called dysbiosis where to buy pharmacy when you do so, you upset the delicate balance of your intestinal terrain erythromycin buy i,ll assume that the same toxicity scale remains in place today purchase acillin however, if bacteria were the only organisms that antibiotics killed, much of this book would be unnecessary antibiotics without prescriptions buy yeasts grow unchecked into large colonies and take over, in a condition called dysbiosis