The solution to the courts’ funding problems

Charles Canady, the Chief Justice of the Florida Supreme Court, is concerned about the lack of sufficient funds for Florida courts.  He’s quoted as saying:

We’ve seen a drop in the filings. It relates to these (robo-signing) problems. That has affected our revenue and it’s something that’s very much a concern.

Maybe I’m reading that wrong, but is the Chief Judge somehow suggesting the “robo-signing problem” was a good thing, as it resulted in more foreclosure filings and the fees resulting from them? 

Anyway, I think the solution for the courts is simple – when appropriate, dismiss cases! 

When a bank lacks standing at the inception of a foreclosure lawsuit, dismiss the case! 

When a bank files fraudulent foreclosure affidavits, dismiss the case! 

When a bank fails to state a cause of action, then fails to amend within the time limits permitted, dismiss the case!

When a bank fails to properly verify a complaint, dismiss the case! 

If Florida judges started dismissing foreclosure lawsuits (when permitted by law, of course), and forced banks to re-file, then the increased filing fees would help fix these budgetary concerns.  Oh, and it would keep homeowners in their homes, help prevent foreclosures, and show Americans that judges are willing to follow the law and not just “push through” foreclosure judgments.

Mark Stopa

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