Fla 1st DCA and Attorney Tom Ice Speak Their Minds

see http://www.dailybusinessreview.com/id=1202674539162/Foreclosure-Reversal-Issued-in-Case-With-RoboWitness

The article is worth reading and Tom’s comments are right on point. One thing pointed out in the middle fo the article leads to me believe that the courts are also fed up with banks failing to prosecute cases that they say are “standard foreclosures.” The opinion states that the case should have been dismissed years ago for lac of prosecution. This might give judges pause when they blame the homeowner for the delays. The case belongs to the party who filed it. I have several cases that are 5-6 years old. I filed motions to dismiss for failure to prosecute and the court denied it because the opposing attorney filed a few papers that did nothing to advance the cause. On appeal, it might be worth raising this issue, especially in the Florida 1st DCA.

The importance of these decisions cannot be overstated. The appellate courts are looking beyond the “facially valid” paperwork and insisting that the evidence be trustworthy and credible. Those points should be emphasized in argument before the court.

5 Responses

  1. V. I. cracks me up. His show renovating houses with the Amish is authentic and funny.

    The message it sends is positive unlike the other “reality tv garbage” designed around phony deadlines and artifical stress… things like: “the customer is angry… we are running out of time… we have to get this “chopper” or “cupcake” or “dinner prepared in time”.

    Reality tv, I feel, is part of the problem.

    We went from witnessing train wrecks like the family with the five children, to Honey Boo Boo, to the ridiculous mess that is Bruce Jenner’s family.

    All of these programs are the modern-day equivalent of “bear-baiting” where some insensible creature was either tortured or some insensible human divested themselves of their humanity… all for the almighty buck.

    Now we have things like shark tank where the mega wealthy position themselves into ownership of other people’s genius.

    The focus, instead, should be tv where self-less participants restore families that have experienced catastrophe like illness or veterans restored to their homes after bank predators are shown the door.

    In fact, that is precisely what should happen: a reality tv show where people with resources and legal acumen start taking it to the banking filth and lawyers that do their bidding.

    Now… if We could just determine if their is an audience for that type of drama… where to look? … where to look?

  2. How can Wells Fargo and their Attorney’s get away with this?

    I am writing this letter to Virginia Bar Association as well as the Maryland Attorney Grievance Committee. First of all I know that this was an illegal foreclosure and do not agree with either of your assessments. Please examine all of the singed Attorney documents, and filed court documents and foreclosure documents. You will see that these documents are all dated back in February time frame, then take a look at the DOT that was posted to Baltimore County Public Records on April 3, 2014. How can you transfer ownership of a loan after the fact. Additionally, view the same DOT. It states that that the document was recorded back in 2005, but iI am writing this letter to Virginia Bar Association as well as the Maryland Attorney Grievance Committee. First of all I know that this was an illegal foreclosure and do not agree with either of your assessments. Please examine all of the singed Attorney documents, and filed court documents and foreclosure documents. You will see that these documents are all dated back in February time frame, then take a look at the DOT that was posted to Baltimore County Public Records on April 3, 2014. How can you transfer ownership of a loan after the fact. Additionally, view the same DOT. It states that that the document was recorded back in 2005, but it was clearly recorded in county records on April 3. How can this be justified in the law community. I can be reached at 443 677 2799, jsmith5915@msn.com. I would like my case looked at again bases on the fraudulent procedures used to foreclose on my home.

  3. PAYWALL at the linked site ,, here’s a link to a nicely written article at ICE’s own site ..

    http://www.icelegal.com/files/The_New_Moral_Hazard–Robo-testifiers_and_the_Myth_of_Trusthworthy_Bank_Records.v3.pdf

  4. Neil:
    Janeece F’s in Calif case was dismissed on the 28th. She is elated!
    Steve Nelson

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