Archive for July 14th, 2010

Follow-up on Disqualification of Counsel – Certiorari Petition

Never let it be said that foreclosure defense attorney Mark Stopa backs down from a challenge. 

In my first post on this blog, below, I described in detail my argument in a Motion to Disqualify Counsel in a foreclosure case.  Now, I’m attaching a Petition for Writ of Certiorari to the Second District after a Tampa judge denied a similar motion. 

Denial of Motion to DQ – Cert Petition

My argument, essentially, is that my Motion to Disqualify Counsel presented a prima facie case of disqualification given counsel’s conflict of interest under 4-1.7 and the bank’s commission of a fraud under 4-1.16, and the judge was required to grant the motion in the absence of any record evidence to the contrary.  Alternatively, at minimum, the judge was required to grant an evidentiary hearing in the face of the disputed factual issues.  Of course, the Petition also contains numerous real-world arguments on why this is a big issue in the Florida court system and why the Second District should stop allowing the systemic fraud being perpetuated by banks in cases throughout our courts.   

I welcome any feedback or dialogue about this issue.  Any lawyers out there, have you had any experiences with these types of motions?

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