“Routine” in Foreclosure Lawsuits

Posted on June 11th, 2012 by Mark Stopa

I recently had a hearing on my client’s motions to compel discovery before Judge Rondolino in St. Petersburg.  When nobody appeared for Plaintiff, the judge was courteous enough to call Plaintiff’s counsel.  Finally, a lawyer for the plaintiff got on the phone, but he was obviously unfamiliar with the file and unprepared to argue.  Incredibly, he tried to suggest my clients’ motions should be denied (even without knowing what the motions were about) because foreclosure cases are “routine.”

The judge’s response?  This written Order, where the judge rescheduled the hearing but required Plaintiff’s corporate representative and plaintiff’s counsel to personally attend.  Oh, and there’s this little nugget to dispel counsel’s argument that foreclosure cases are “routine”:

Though [plaintiff’s counsel] argued that foreclosure cases are often “routine,” the only thing the Court finds “routine” is the banking industry’s failure to comply with discovery in foreclosure cases and its failure to attend duly-noticed hearings.

Mark Stopa

www.stayinmyhome.com

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