Wednesday, May 13, 2009

Thousands Of Foreclosure Lawsuits Brought By Companies Lacking Standing To Sue Continue To Slip Through The Court System In Uncontested Actions

In Sarasota, Florida, the Sarasota Herald Tribune reports:
  • As a lawyer helping homeowners grapple with foreclosure, April Charney has praised Sarasota's Lee Haworth, chief judge of the 12th Judicial Circuit. But Charney now puts an asterisk in her rave review.

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  • Though Haworth makes foreclosure mills follow the letter of the law when taking someone's homestead, Charney says that's only when a defense lawyer is involved. Spot checks indicate thousands of other cases going uncontested are filed without proof the filer has standing to be in court. Some include false claims that a homeowner declined to negotiate, or incorrectly say the house was not a homestead.

  • Charney insists those aren't mistakes. It happens because convenient lies usually go undetected and unpunished. "Whatever is expedient, they will do," Charney insists. So even when a property owner doesn't fight, Charney says judges and their staffs have a responsibility to check cases and hammer lenders' lawyers who make false claims.

For more, see Enforce letter of the law and check for little lies. EpsilonMissingDocsMtg