Leaving a Legacy
A cordial response to my last post, below, prompted this final email (presumably) to Ms. Downs …
Ms. Downs,
Thanks for your response. I am glad you sense my passion on this issue. I’ve been trying to explain the source of that passion, and I fear I’ve left off a critical point (and, with this, I’ll try to leave you alone).
I sense that many people who work in the legal system (judges, judicial assistants, clerks, etc.), cannot wait to get back to “normal” times, before the foreclosure crisis dominated their workloads. That’s understandable. After all, I’m sure it hasn’t been fun for them to have their workloads doubled or tripled for the same pay.
However, for many Floridians, a foreclosure lawsuit on their homestead is the only experience they will ever have with the Florida judicial system. As I told the Florida Supreme Court in a recent letter, the foreclosure crisis Florida is experiencing, right now, is what the average Floridian will remember about the legal system in 20 years.
If this is what Floridians will remember about our system of justice, then, respectfully, we should all be mortified.
Let’s put it this way.
I’m 34 years old. In 20 years, I want everyone I encountered during the foreclosure crisis to remember that I battled the banking industry (and, on occasion, judges) to make the legal system as fair and affordable for homeowners as possible. That doesn’t mean my clients will always win (on the contrary, as foreclosure defendants, many will lose), but I want my clients to always feel like they at least got a fair shake in court. On a personal level, I want people to remember that I was willing to go into a gun-fight, day after day, with a bag of rocks (as, often, that’s what foreclosure defense feels like – going into a gunfight with a bag of rocks), and I did so as inexpensively as possible. Mostly, though, I want everyone to feel, whether they won or lost their case, that Florida’s judicial system is fair, even for the “little guy,” especially if you have competent legal representation.
I’d like to think most of my clients feel this way. I’d like to think this is the legacy I will leave long after the foreclosure crisis is over.
However, my clients make up an infinitely small percentage of those dealing with foreclosure.
So the question becomes … what about all the rest?
What does the typical Floridian think about our system of justice, having gone through the foreclosure courts?
Unfortunately, I fear most Floridians think our system of justice has no “justice” at all.
I fear most Floridians view our courts as a forum for the rich and powerful (like banks) to achieve a result that the “little guy” (like homeowners) cannot possibly prevent, no matter the merits of the case.
I fear many Floridians think judges don’t care about justice if they get too busy – that speed is more important than a just result.
I fear many Floridians, rightly or wrongly, think judges are somehow aligned with the rich and powerful (like banks), and will look the other way when the rich and powerful put on fraudulent evidence to prove their case.
I’m not saying I agree with these views. And I realize these are horrifying statements.
Unfortunately, this is what happens when hundreds of thousands of homeowners, most of whom have no experience with the legal system, get their foreclosure lawsuits adjudicated in the manner that many have been adjudicated – public perception of Florida’s system of justice goes down the toilet.
In my view, these are the questions we should be asking:
”What is the legacy that we are leaving here?”
“What will the typical Floridian think of the legal system in 15-20 years, after the foreclosure crisis is over?”
“What am I doing to fix these problems, and leave a better legacy for Florida’s system of justice?”
Now more than ever, it’s up to us to leave a better legacy.
Thanks for your time.
Mark
Mark Stopawww.stayinmyhome.com
Posted in Main | No Comments »