Archive for December 24th, 2010

The Foreclosure Mess – Florida Judges Can Do Better

The title of this blog is not my verbiage – it’s the title of the most recent media article that criticizes how judges are handling foreclosure lawsuits in Florida.  The article concentrates heavily on the perverse foreclosure procedures and rulings in Lee County, including the premature “docket soundings” that I’ve blogged about previously. 

I encourage you to read the entire article, but here’s a good synopsis of the total apathy exhibited by some Florida judges in foreclosure cases.  One Fort Myers judge, when confronted with a motion by the bank to temporarily suspend a foreclosure case because it was questioned the accuracy of its own filings, denied the motion! 

Think about that.  This was one of the rare instances where a bank tried to clean up its misconduct, and halt a foreclosure while it evaluated the propriety of its actions, yet the judge basically said “I don’t care – just finish the foreclosure.” 

Respectfully, some judges need the judicial canons by which they are bound.

Canon 1 – A Judge Shall Uphold the Integrity and Independence of the Judiciary

Canon 2 – A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities

Canon 3 – A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

Canon 4 – A Judge May Engage in Activities to Improve the Law, the Legal System and the Administration of Justice

Canon 5 – A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties

Canon 6 – Fiscal Matters of a Judge Shall be Conducted in a Manner that does not Give the Appearance of Influence or Impropriety; etc.

Canon 7 – A Judge or Candidate for Judicial Office Shall Refrain from Inappropriate Political Activity

Mark Stopa

Posted in Main | 1 Comment »