Archive for September 14th, 2011

Delays in Foreclosure Cases

One of the most frustrating aspects of foreclosure defense is how plaintiffs’ lawyers and even many judges act like all foreclosure defense lawyers do is delay.  With all due respect, I don’t delay – I defend. 

Ironically, it’s often the plaintiffs and their lawyers who delay, not the defense.  To illustrate, I just recently received an ex parte Order where, having already granted a motion to dismiss with leave to amend, the Tampa Court granted a 60-day extension of time, ex parte, for the Plaintiff to amend its Complaint. 

An extension of time isn’t a big deal, even ex parte.  But 60 days?  Seriously? 

Respectfully, I’m tired of being accused of delay, of being curtly told I have 10 days to file an Answer, of being deprived of hearings, of being threatened with sanctions, etc., only to keep seeing plaintiffs get away with delays like this.  Hence, I wrote this letter to the Court. 

Hopefully, judges will start to realize it’s not the defense who is delaying (certainly not in my cases, anyway) – it’s the banks and their lawyers that don’t want to prosecute cases.

Mark Stopa

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