Archive for July, 2013

The Big Picture: What I’m Fighting For

As I write blogs for this website, I often discuss legal concepts and theories, defenses to foreclosure, and various ideas on how to successfully defend foreclosure lawsuits in Florida.  These posts are important, as I want everyone to see foreclosure court the way I see it – to understand what works and what doesn’t.

Sometimes I worry, though, in the midst of these technical, legal arguments, that some will lose sight of the big picture.  Well, I’d like to think I never lose sight of the big picture, but I want to make sure everyone reading this doesn’t, either.

So what’s the big picture in foreclosure-world?  It’s this.  One short, simple post.  (Read the links inside that post, too.)

Quite simply, a small fragment of our society is hell-bent on redistributing wealth from middle class America to society’s socio-economically elite and uber-wealthy.  That’s what foreclosure is, really – a process whereby houses are taken from lower and middle income families, sold, and ultimately transferred to a hedge fund, big bank, or an individual with an eight or nine figure net worth.  Someone like, yes, Bill Clinton.

My mission, as a foreclosure defense lawyer, is to stop it.  I want to stop the systematic redistribution of wealth that happens every day in our society, the stealing from the middle class for the benefit of society’s elite.

No matter how much time I spend talking about the specific defenses that exist in foreclosure cases – and I know I do it frequently – please never lose sight of the big picture!  And if you agree with me, share what’s going on with a friend or family member.  Significant change won’t happen until more people get involved and join the fight!

Mark Stopa

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Who’s Laughing Now, Banksters?

I had a trial on June 10, 2013 in Sarasota.  I was one of 118 cases set for trial that morning, all at the same time, all before the same judge.  I lost.  I was very frustrated, not only at the result, but because I felt like I was not treated in a respectful manner.  Not reading my case law?  Asking me “You like to hear yourself?”  Then, when I moved for a stay pending appeal, it was denied – without a hearing.

The banksters thought it was just hilarious.  Remember, there were 118 cases set all at once, so the courtroom was full of plaintiffs’ attorneys against whom I often litigate these cases.  They’ve been chatting about it, amongst themselves, ever since.

With all due respect to the lower court judge, I was confident the ruling was wrong.  So I filed this Emergency Motion for Review of Order Denying Stay Pending Appeal in Florida’s Second District Court of Appeal.  Today, I received this Order Granting Stay Pending Appeal from the Second District.  Foreclosure sale cancelled.  Stay pending appeal granted.  Where the lower court did not even give me a hearing on my motion for a stay, the Second District took just one day after the plaintiff filed its Response to grant the stay.

It goes without saying, of course, that the Second District must think my appeal has some merit, as the “likelihood of prevailing” is one of the requirements for a stay.

So who’s laughing now, banksters?

Laughing aside, it didn’t have to be this way.  Hopefully, the banksters learn a lesson here.  I won’t win every case, of course.  But as this transcript shows, I’m going to fight for my clients.  And if I lose, and I don’t think I should have, you might find yourself facing something like this and this.  Something to think about the next time you laugh, or the next time you turn down one of my clients’ reasonable settlement proposals.


Mark Stopa

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