Trayvon Martin – a Double Standard?

One of the fundamental notions of foreclosure defense is the concept that, even if a homeowner is behind on his/her mortgage, the bank must prove its entitlement to foreclose in a court of law.  Homeowners have no burden of proof and no obligation to do anything except force the bank to prove its case.  In recent years, as robo-signing and foreclosure fraud have become household terms, many consumer advocates have advocated such an approach on a widespread basis, and rightly so.  This is how the legal system works.

In recent days, however, some of these same consumer advocates have adopted a different approach when it comes to the terribly sad death of Trayvon Martin.  How can there not be an arrest and conviction when an unarmed, 17-year old is shot to death by a neighborhood watch captain, they lament?

I sympathize with Trayvon Martin’s family.  Their pain is unimaginable.  However,  the fact remains that, just as homeowners facing foreclosure have defenses which might not be readily apparent to those unfamiliar with the facts, neither you nor I know what happened in the moments before his tragic death.  Did he initiate the fight?  Did he punch George Zimmerman in the face and slam his head into the concrete, as a recent story suggests?  Was Trayvon Martin shot in the back, or the chest?  From close range, or a distance?  With Trayvon Martin on top of him, or while standing?  At this point, I don’t know the answers to these questions, nor do you.  We weren’t there, and forensic reports have yet to be released.  So why all the public outcry about the lack of an arrest?  Why is the public so quick to jump to the conclusion that George Zimmerman must have committed murder?

Before anyone else jumps to more conclusions, I think everyone should exercise the same restraint we want to be exercised in foreclosure cases.  Let the system work as intended.  Let the investigators collect the required forensics.  Let’s allow the legal system to work.  If Zimmerman is guilty, let’s require the state to prove its case beyond a reasonable doubt.  Otherwise, we aren’t searching for justice, but a result we think is just based on an incomplete understanding of the facts, and if that’s the route we’re going, we’d be no different than anyone who calls homeowners in foreclosure “deadbeats.”

Mark Stopa

Posted in Main | 6 Comments »

6 Responses to Trayvon Martin – a Double Standard?

  1. George Burns says:

    You seem to misunderstand the protest and outcry. It is not for Zimmerman to be either charged or found guilty. It is about the conduct of the police and their actions taken without proper investigation. Read the reports.

    • Mark Stopa Mark Stopa says:

      How do you know there hasn’t been a proper investigation?
      Every report I read indicates various agencies are investigating.
      I have to think this victim is getting a more thorough investigation than many, many others.

  2. Kim A says:

    A agree 100%. We weren’t there. We don’t know. Allow the system to do it’s job. Don’t allow government to use this as a diversion to deflect public anger over the raping of the American homeowner by big banks and turn it into a race issue. Like in the Hunger Games, where Haymitch tells Katness to focus on the real enemy.

  3. Mark Bowen says:

    Well written Mark. Thanks for sharing the wisdom.

  4. Thaddeus says:


    This post illustrates your consistency and courage. It is courageous to speak out against the perception of what occurred re: Zimmerman. Your point is well taken. I’m not defending Zimmerman but agree he is entitled to due process as all homeowners are and if found guilty, entitled to his punishment. And this comes back to your consitency and courage. All you’re asking for for homeowners is fairness in the system and show a great deal of courage in standing up for that belief…drafting letters to disqualify judges, posting your expereinces and amazing legal arguments. It may not be popular with those who buy into the media’s soundbytes about deadbeats but it is what’s right!

    • Mark Stopa Mark Stopa says:

      Thanks, Thaddeus.
      Consistency is important, as without it, we appear hypocritical.
      No matter how unpopular it may feel, we can’t cry for due process for homeowners but burn Zimmerman at the stake without that same due process.

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