Florida Foreclosure Mills Under Assault Fire Back As Judges Rulings Citing Unprofessional Conduct, Rules Violations Face Challenge

In Manatee County, Florida, the Sarasota Herald Tribune reports:

• A foreclosure firm that was scolded and fined for unprofessional conduct by a Manatee County circuit judge last month has fired back, saying the judge is prejudiced against them and broke the rules herself.

• The vice president of Smith, Hiatt and Diaz law firm has filed motions accusing Circuit Judge Janette Dunnigan of violating judicial ethics when she leveled a $49,000 fine against them last month for repeatedly scheduling hearings and then not showing up.

• The Fort Lauderdale firm asked for a rehearing and requested Dunnigan be disqualified from the case where she found the firm in civil contempt of court. The firm "fears that it will not receive fair consideration due to prejudice and bias of the presiding judge."

• The clash over reputations -- both of the judge and lawyers who could be punished for their behavior -- underscores the growing imbroglio caused by a glut of foreclosures as local judges assert themselves to re-establish control in their courtrooms.

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• Smith, Hiatt and Diaz is not the only law firm firing back. Judges have started throwing out foreclosure cases that do not follow simple court rules in the 12th Judicial Circuit, including Manatee and Sarasota counties.

• Firms are challenging retired Judge Harry Rapkin's decision to throw 61 cases out of court on Friday, raising the stakes on following court rules. Dismissing the cases forces lenders to pay another court filing fee to restart the case -- up to $1,900.

For more, see Foreclosure firm challenges Manatee judge who fined it.