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lee county

If you read the ACLU’s recent brief in Merrigan v. Bank of New York, you read a picture of a court obsessed with speed rather than justice; a court more concerned with numbers than with fairness; a court more interested in dispossessing homeowners than discovering fraud. The effect of Lee County’s systemic speed fetish is […]

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The ACLU has filed its petition with the Second DCA in Merrigan v. Bank of New York Mellon. The scribd.com posting of the brief and the appendix are linked below: Petition in Merrigan v. Bank of New York Merrigan 2d Dca Petition.final Signed Appendix in Merrigan v. Bank of New York Merrigan Appendix 20110407

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They’ve heard enough about foreclosure funny business in Lee County, and they’re not gonna take it anymore. Who am I talking about? Why, the ACLU, of course. On Thursday they’re going to file a Writ of Certiorari—essentially, a special petition—with the Court of Appeals for the Second District of Florida, challenging the “rocket docket” procedures […]

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When I was a kid, I used to read science fiction novels with aliens who swooped down to Earth, attached themselves to poor innocent human beings, and control their minds to do the aliens’ bidding. When I read this order, the second of its kind from this judge, I have to wonder if that’s what’s […]

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Here’s a great way to end a Friday: I just got an order in one of my cases throwing the case out of court, because the bank’s lawyers disobeyed a fairly simple rule that requires them to swear that the allegations in the complaint are true. The Final Order of Dismissal blasts the bank’s lawyers […]

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Rules are meant to be followed in Pasco County Unlike in Lee County, the judges in Pasco County expect banks to follow the rules in foreclosure cases. The verification rule and its critics Earlier this year, the Florida Supreme Court ruled that plaintiffs in foreclosure cases had to verify the foreclosure complaint—in other words, they […]

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This ruling is a disgrace: Lee County Judge Hugh Starnes has ruled that banks in foreclosure cases don’t have to follow court rules. At a recent foreclosure hearing, the defense attorney (Conrad Willkomm) argued that the bank had violated an important evidentiary rule: the bank was relying on its business records, but no one swore […]

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