Tom has been getting into the murky world of what is agreed or known between Judges that administer foreclosure actions. One such problem is the local rule in some jurisdictions that certain motions are deemed abandoned regardless of what applicable legislation or Supreme Court Rules of Court provide.
Ice is pursuing an attack mode that is right on target. The underlying theme of his challenges is simple — a party should not be able to declare itself a lender or creditor and win a case that it would lose if the case was tried properly. One of the ways that homeowners have lost cases is the application of this rule that the Supreme Court has struck down. The court basically said “We make the rules and this is not our rule.” Local rules are allowed as to clerical functions but not substantive rulings on procedure or the merits.
Trial judges have “moved” their cases by applying rules like this that prevent the movant homeowner from requiring a ruling from the court. The judges under the cloak of apparent legality cite to the local rule that prevents the motion from being heard.
This is important because when cases go to trial, frequently the court has not heard several motions and if they are still “outstanding” the case is not ready for trial. So if the court goes forward with trial by “dismissing” the right to be heard on homeowner’s motions it is breaching the rules of court promulgated by the Florida Supreme Court and obviously due process requirements in the Florida and Federal Constitution.
Filed under: foreclosure |