Florida Judge Forced to Recuse Himself as Conflicts of Interests Start to Emerge

Editor’s Note: The problem is not just a Judge who received favorable treatment from the lender in a foreclosure action. It is the highly politicized environment of elected and even appointed judges who received, directly or indirectly some form of “generosity” from the financial services sector or whose perception is fundamentally flawed by the constant drumbeat of disinformation from Wall Street Banks.

Research your Judge. Get as much information as possible to determine if there is cause for a reasonable person to believe that the Judge’s decision might be influenced by something other than the facts of the case or the law to be applied.

Businessweek
Judge in Countrywide Case Removed Over Claim of Discount Loan

Feb. 5 (Bloomberg) — A Florida judge was ordered to remove himself from a foreclosure proceeding by Bank of America Corp.’s Countrywide unit after the homeowner claimed the judge received a discount loan from an affiliate of the mortgage lender.

Circuit Judge Hugh Carithers in Jacksonville, Florida, must enter a recusal order and ask Chief Circuit Judge Donald Moran to pick a replacement, a district court of appeals ruled today.

Joseph W. Mines Jr., who is representing himself in the foreclosure proceeding, alleged the judge had received favorable interest rates not available to the public in his own dealings with a lender affiliated with Countrywide, court records show. Mines’s home was just about to be sold when he filed his claim seeking the judge’s removal, according to the case docket.

“This court finds these facts, taken as true as they must be, would prompt a reasonably prudent person to fear that he or she would not obtain a fair and impartial hearing,” the appeals court in Tallahassee, Florida, said its ruling.

Pat Ryan, a courtroom clerk for Carithers, said she hadn’t seen the ruling and couldn’t comment. Directory assistance had no phone listing for Joseph Mines in Jacksonville.

The case is Countrywide v. Mines, 2007-CA-6852, Fourth Judicial Circuit Court of Florida (Jacksonville).

–With assistance from Doris Bloodsworth in Orlando, Florida. Editors: Peter Blumberg, Michael Hytha

To contact the reporter on this story: Cary O’Reilly in Washington at +1-202-624-1859 or caryoreilly@bloomberg.net.

http://opinions.1dca.org/written/opinions2010/02-05-2010/09-5669.pdf

About these ads

10 Responses

  1. Just wait this is just the beginning all you have to do is look throughout TILA’s Rescission history in courts to notice something made them take a very sharp turn against homeowners and we all know that the banksters didn’t go into this mess not expecting to get hit with lawsuits.

  2. Even if the justice system is all screwed up , I won’t quit…I don’t expect anything …but i’ll give them my best punch ..
    .I’ll never regret in the future ..that I didn’t try hard enough .if I can sue some of them I will try .
    Even sueing Pro Se is better than not trying …

    I am appealing and I am preparing to sue for damages ..
    I informed the buyer of my house , that I am going to fight them continuosly . I’ll bring the Federal Court into the picture, I’ll sue for my violation of my civil rights and Due Process…I sue the Judge for being a puppet for the Big Bankers.and I’ll sue the Florida Default Law-less Group for fraudulant foreclosing ..

    If I go down in flames ..I’ll be shooting back at them ..all the way down…

    LF

  3. If any of you honestly believes you’ll get any justice out of a US Court … good luck to ya.

    Steve
    99Libra@gmail.com

  4. BEFORE ANY TRIAL WE SHOULD HAVE A QUESTIONAIRE FOR THE JUDGE AND HIS STAFF JUST LIKE IF YOU WANT TO BE A CONTESTANT ON A TV OR RADIO SHOW. THEY ASK YOU IF YOU OR ANY FAMILY MEMBER WHO HAS OR IS BENEFITING FROM THE (TV COMPANY) BANK OR BANKS. IT SHOULD EXTEND TO SPOUSE UNCLE CHILDREN ETC…. AND IT COULD ALSO BE A CAR STUDENT RV LOAN ETC……

  5. The Judge is not impartial, as long as the Plaintiff’s counsel is present.

    We are on the other side of the bar…

    They know they have Judicial immunity and they’ll turn a blind eye towards fraud…especially the rampant MERS related fraud that shapes the entire system.

    All we can do is study the rules of procedure, study the relevant case law, and work together to be a cog in their wheel.

    In my heart, I know that Judges are very afraid of confident and intelligent Pro Se homeowners who have nothing and everything to lose all at once.

    Go into battle with a clear mind and conscience and expect the unexpected. Try to get them to trial….they may begin to bargain with you…as there is no evidence and no material witness for them to call to the stand. Hence the move for summary judgment….they have no other options.

  6. L Fitzgerald,

    I agree. I also believe as in my case that since the judge has his mortgage paid by default with income derived from the bank consulting that he is biased and less likely to see a “borrower” as having any rights. This automatic bias is prevalent in the industry anyway as being a borrower carries with it an admission of guilt. This problem starts all of us off on the wrong foot and is furthered by the bias. A judge need not actually get income from the banks directly, owning stock or retirement accounts that are divested in any type of financial investments(most municipal retirements accounts hold MBS investements) are enough to make the judge less likely to rule in the guilty borrowers favor regardless of the evidence produced.

    Compound that with a Pro Se and you can throw the Constitution out the window!

  7. Mr. Neil Garfield and J in Co and Mike H

    I agree . …. ” How to keep the Judges honest ”

    If a Foreclosure judge is connected to a Wall Street
    Banker lets say Bank of America ..[ BOA ]

    either by way of donations , through a Corporation ownership interest ,
    and/or a business relationship , or if the spouse is connected to this same Bank…then there could also be a conflict of interest ..

    Any foreclosure case that have a “BOA” as the Plaintiff ….should move the Judge to voluntarily recluse him/her self . from hearing this case .

    I believe that all the cases that the Judge has ruled in favor of the B.O.A. as plaintiff in the past .. should be found and reversed with or without prejudice .

    .Plus the Judge should be prohibited from hearing any more cases connected with this Bank . .

    No wonder certain Judges seem to have a sweet heart preference for the Banker’s side .of the case. .

    The web has lots of info on the Judges… that may help you…find a conflict of interest.

    LF

  8. The only way for a pro se to keep everyone, especially the Judge, honest, is to bring along a
    Court Reporter. No crook likes to have his lies
    and distortions taken down so they can be used
    against him later.
    Since all Judges were once lawyers, the potential
    for corruption and blackmail of a Judge is always
    there because his lawyer “buddies” no the real guy,
    before he became a Judge. Since many of them are
    “manly men”, they did “manly things”, like dating strippers and worse, as proven by the 2nd DCA
    appeal Judge who got caught helping a “stripper”
    hide her money. Boys will be boys, until they become
    Judges!

  9. My situation is the same or worse. My judge after trampling my rights and giving the lender power of sale on my home illegally was found to have a conflict.

    I found that his wife owns a consulting company that was never disclosed on his yearly secretary of state financial disclosure. Her consulting company does work as noted on her website with none other than JP Morgan among other banks.

    The judge should have recused himself, has clear and absolute bias and is the sole judge that presides over all of the foreclosures in our county.

    I got the DA and AG involved and sent a letter to my congressman. My congressman reports he is a limited partner in a Goldman investment company so no wonder he isn’t stepping in to help a constituent in his district fend off a criminal act.

    Filing a complaint as soon as I finish with my Federal complaint that I need to file this week.

    What is the world coming to?

    Find them, Expose them, Throw them out!!!!

  10. Sadly I believe most judges to be on the take. They are in the bank’s hip pocket.

    Steve
    99Libra@gmail.com

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 3,267 other followers

%d bloggers like this: