Bringing an Appeal based on Judicial Bias in Foreclosure Cases

Posted on June 3rd, 2011 by Mark Stopa

I’ve blogged previously, here, about my concern that appellate courts treat foreclosure cases differently than other cases.  I hope I’m wrong when it comes to this Petition for Writ of Prohibition. 

The fact pattern here is crazy.  Judge Baird denied a motion to dismiss without a hearing and without even reading the motion.  When I complained that he denied the motion without reading it, he told me he had reviewed the motion when he had not (and could not have, as it wasn’t in the file).  I moved to disqualify him, and he denied it, so I’m in the Second District. 

I’m really hoping this petition is granted.  I mean, if we’ve gotten to the point where a judge can deny a motion without reading it, without a hearing, and can falsely tell you he read the motion (before denying it) when he hadn’t, then that doesn’t speak well of the industry.

Mark Stopa

www.stayinmyhome.com

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