Archive for April 7th, 2011

ACLU Petition in Second District – Wow

Here is a copy of the Petition filed by the ACLU in Florida’s Second District Court of Appeal.  Wow. 

I’ve spoken many times on this blog about the perverse foreclosure procedures being utilized in Lee County.  This Petition does an excellent job of encapsulating those improprieties in one brief. 

There is no way anyone reading this Petition cannot see the problems with how Lee County is operating its foreclosure cases.  Hence, as I see it, the only question is whether the Second District cares enough to do something about it.  I guess we will see.

As you read the Petition, look closely at the references to the internal memos and emails sent from one judge to another or the judges to the clerks about foreclosure policies and procedures.  How thoroughly disgusting is all of this?  I mean, I know we’re supposed to be respectful of judges, but when I see the unconscionable bias dripping out of these emails and memos, my only thought is that a standing order of disqualification is appropriate for many of these judges, in all foreclosure cases.  That sounds harsh, but I don’t know how any reasonable person could think they’re going to get a fair shake when these judges are acting in this manner.  It’s truly appalling, and if you ask me, not enough people have been willing to stand up and say so. 

Anyway, I guess we’ll see what the Second District thinks.  Meanwhile spread the word about this.  The more people who can make this arguments, the harder it will be for the Lee County judges to continue these ridiculous procedures in foreclosure lawsuits.

Mark Stopa

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