Last week in Key West the Newspaper we began to review case 09-CA-471-K, a foreclosure case here in the 16th Judicial Circuit. We highlighted some clearly questionable documents produced by the Law Firm Marshall C. Watson, on behalf of their Plaintiff Countrywide. I also acknowledged that the case I began to describe in detail was my own. However, it is also similar to countless other cases filed here in the Keys and throughout the State of Florida.
Let’s now take a look at how those in a position to address such egregious docs are handling the oversight of such cases. First, Attorney General Pam Bondi. She did recently fire Assistant Attorney General Erin Collins Cullaro for having “moonlighted” at a foreclosure mill law firm. (Who then went on to work for Shapiro and Fishman, another foreclosure mill under investigation.) But what comes from these investigations? In the instance of Bondi’s review of Marshall Watson it resulted in a two million dollar fine, and no admission of wrong doing. That may sound like a lot, but remember this is one of the largest foreclosure mills out there, two million dollars is a drop in the bucket compared to their annual revenue. It’s the cost of doing business.
Folks, these documents in many cases are potential felonies...countless in number, used to take possession of peoples homes, and that ultimately destroy YOUR property values by creating questionable title histories throughout our community. No admission of wrong doing, and right back at it!!?? Why not jail time? Bondi may as well be applying sun lotion to Marshall Watson’s back.
How about the Florida Bar? According to the Sun-Sentinel, with hundreds of complaints pouring in, of the forty six cases closed thus far, NONE have resulted in sanctions of attorneys. Seriously, not one?
Then there is the case of Chief Judge Victor Tobin of Broward, who after having presided over countless cases of Marshall Watson’s, decides to resign mid-term and go to work for them. I guess it’s more lucrative than being a Circuit Judge, and perhaps a more direct way to get paid. This is the guy who according to the Washington Post was spending “only a few seconds per file,” while processing foreclosures.
Now let’s get back to case 09-CA-471-K. Are local Judges providing favoritism to these very same law firms? Again, you be the Judge.
Here are just a few of the calls from the favoritism playbook. Let’s start with the old, “No need to Notice a Hearing.” That’s right, in the midst of the case, while I had a Motion to Dismiss pending, I get a Court Order signed by Judge Audlin granting a Motion for Summary Judgement in favor of the Plaintiff. This Order had an auction date set in about 30 days. That’s odd because I did not receive notice of this hearing, nor was one filed with the Clerk. In a review that baffled even the file Clerk, apparently this little hearing just “popped up” on Audlin’s docket and I had no chance to show up, so Audlin applied his rubber stamp. That leads to a comforting night’s sleep.
Upon complaining to Judge Audlin’s judicial assistant, they were gracious enough to vacate the ruling. Audlin then went on to consider my Motion to Dismiss, looked right at the Note with the “missing initials” filed as the “Original” (See last weeks column) and denied my motion to dismiss. Apparently he felt this was an issue of fact that should be considered later on in the process. I suggest it goes towards standing in the case. Imagine if I had made up a mortgage assignment and note and filed for foreclosure on Judge Audlin. How fast do you think that case would be tossed out? Can you imagine the Courts forcing Judge Audlin to work his way through the system to get to a trial to illustrate that my documents were liquefied rat feces? Do you think I might end up in jail?
Then there is the ol’ “Cancel the hearing set for today, tomorrow.” In this little gem, Marshall Watson unilaterally schedules another Motion for Summary Judgement. Oddly now, they schedule this hearing listing the plaintiff as Bank of America. Recall they already replaced the plaintiff as Fannie Mae, but let’s not concern ourselves with which thief would actually steal the house if the Motion were granted. That’s too trivial.
So I take time off from work to attend the hearing set for September 15, 2010. Judge Taylor is working her way through her docket and is getting towards the end. As it becomes apparent that I must not be sitting in her courtroom for my health and her docket is complete, the staff arranging for telephonic appearances states they have Marshall Watson on the line in a case with Gardi. I stand up and begin to approach the Judge. Upon hearing over the phone that I am in the courtroom, the representative from Marshall Watson states that they called in to “make sure the Judge knew of the cancellation.” Huh?
I’m ready to roll, let’s have the hearing, Marshall Watson is present. Nope. Judge Taylor tells me there is nothing she can do, it’s not on her docket. If only I had used my time machine I would have known. You see Marshall Watson actually physically filed a Notice of Cancellation the next day, September 16, 2010. We pro se defendants are so stupid and just don’t understand complex legal procedures. My mistake, note to self: Contact Marty Mcfly and tune up the flux capacitor.
Since then I have been diligently trying to schedule my new Motion to Dismiss for Fraud. Even though Marshall Watson won’t return phone calls, and I have an email from them stating that they won’t communicate with me via email, I have tried my best to coordinate hearing dates. I had one hearing scheduled for January 7, 2011. I had provided noticed to them and the Clerk in November. In late December, David Newman, the fifth attorney representing Marshall Watson schedules an emergency hearing for January 6 to cancel my hearing for January 7. Appearing by telephone Judge Taylor grants Marshall Watson’s motion because I had unilaterally scheduled the hearing. (Uhhh, it’s kind of hard to coordinate with someone who won’t talk to you...and forget about the fact Marshall Watson has ALWAYS scheduled their hearings unilaterally.) But dag nabbity we are all going to schedule a “date certain” that works for everyone. The Judge confirms that we will all appear February 18.
Wouldn’t you know it, poor Mr. Newman falls ill and needs to file a Motion to Continue because on February 11 he seems to know he is going to be sick on February 18. (There’s that time travel thingy again, he must be good friends with Marty Mcfly.) To confirm this future tragic illness he provides the court with an undated doctor’s note that says only, “Pneumonia - No Work.” Of course Judge Taylor grants the motion regardless of the fact that Marshall Watson has countless other attorneys that could work this case. It would appear they only want to show up in court if they can manage a way for me not to be there.
The Courts allow for them to evade my interrogatories, and consume time objecting to my intent to video tape hearings. You see, I’d like to make a record of this fiasco, and they object because it might cause them to be distracted from their intense professional legal work. Kiss my deflating asset!
These jackwagons from Marshall Watson are making a farce of our judicial procedures, and due process. This is all done under the watch of Attorney General Pam Bondi, the Florida Bar, AND our locally elected Judges. (Don’t forget, the Judges are all drunk on Bankster Brew, with 62.4% of their salary coming directly from foreclosing plaintiffs.)
Defense attorneys who understand this are wary to bring up the issue because it could affect their livelihood, and those that do across the state are then subject to adverse ramifications both professionally and before the Court. Those Judges that allow this charade to continue should resign because they allow for the destruction of the very process that they are there to preserve. (Oh, wait, as in Judge Tobin’s case, some already have.)
It’s a travesty that dramatically affects each and every one of us as illustrated in the previous weeks columns. If not for property rights and rule of law we are nothing more than a banana republic. Thank goodness there exists a few decent publications such as Key West the Newspaper that allow for the light of day to shine on this.
Next week, we’ll wrap this series up with some potential solutions.
Let’s now take a look at how those in a position to address such egregious docs are handling the oversight of such cases. First, Attorney General Pam Bondi. She did recently fire Assistant Attorney General Erin Collins Cullaro for having “moonlighted” at a foreclosure mill law firm. (Who then went on to work for Shapiro and Fishman, another foreclosure mill under investigation.) But what comes from these investigations? In the instance of Bondi’s review of Marshall Watson it resulted in a two million dollar fine, and no admission of wrong doing. That may sound like a lot, but remember this is one of the largest foreclosure mills out there, two million dollars is a drop in the bucket compared to their annual revenue. It’s the cost of doing business.
Folks, these documents in many cases are potential felonies...countless in number, used to take possession of peoples homes, and that ultimately destroy YOUR property values by creating questionable title histories throughout our community. No admission of wrong doing, and right back at it!!?? Why not jail time? Bondi may as well be applying sun lotion to Marshall Watson’s back.
How about the Florida Bar? According to the Sun-Sentinel, with hundreds of complaints pouring in, of the forty six cases closed thus far, NONE have resulted in sanctions of attorneys. Seriously, not one?
Then there is the case of Chief Judge Victor Tobin of Broward, who after having presided over countless cases of Marshall Watson’s, decides to resign mid-term and go to work for them. I guess it’s more lucrative than being a Circuit Judge, and perhaps a more direct way to get paid. This is the guy who according to the Washington Post was spending “only a few seconds per file,” while processing foreclosures.
Now let’s get back to case 09-CA-471-K. Are local Judges providing favoritism to these very same law firms? Again, you be the Judge.
Here are just a few of the calls from the favoritism playbook. Let’s start with the old, “No need to Notice a Hearing.” That’s right, in the midst of the case, while I had a Motion to Dismiss pending, I get a Court Order signed by Judge Audlin granting a Motion for Summary Judgement in favor of the Plaintiff. This Order had an auction date set in about 30 days. That’s odd because I did not receive notice of this hearing, nor was one filed with the Clerk. In a review that baffled even the file Clerk, apparently this little hearing just “popped up” on Audlin’s docket and I had no chance to show up, so Audlin applied his rubber stamp. That leads to a comforting night’s sleep.
Upon complaining to Judge Audlin’s judicial assistant, they were gracious enough to vacate the ruling. Audlin then went on to consider my Motion to Dismiss, looked right at the Note with the “missing initials” filed as the “Original” (See last weeks column) and denied my motion to dismiss. Apparently he felt this was an issue of fact that should be considered later on in the process. I suggest it goes towards standing in the case. Imagine if I had made up a mortgage assignment and note and filed for foreclosure on Judge Audlin. How fast do you think that case would be tossed out? Can you imagine the Courts forcing Judge Audlin to work his way through the system to get to a trial to illustrate that my documents were liquefied rat feces? Do you think I might end up in jail?
Then there is the ol’ “Cancel the hearing set for today, tomorrow.” In this little gem, Marshall Watson unilaterally schedules another Motion for Summary Judgement. Oddly now, they schedule this hearing listing the plaintiff as Bank of America. Recall they already replaced the plaintiff as Fannie Mae, but let’s not concern ourselves with which thief would actually steal the house if the Motion were granted. That’s too trivial.
So I take time off from work to attend the hearing set for September 15, 2010. Judge Taylor is working her way through her docket and is getting towards the end. As it becomes apparent that I must not be sitting in her courtroom for my health and her docket is complete, the staff arranging for telephonic appearances states they have Marshall Watson on the line in a case with Gardi. I stand up and begin to approach the Judge. Upon hearing over the phone that I am in the courtroom, the representative from Marshall Watson states that they called in to “make sure the Judge knew of the cancellation.” Huh?
I’m ready to roll, let’s have the hearing, Marshall Watson is present. Nope. Judge Taylor tells me there is nothing she can do, it’s not on her docket. If only I had used my time machine I would have known. You see Marshall Watson actually physically filed a Notice of Cancellation the next day, September 16, 2010. We pro se defendants are so stupid and just don’t understand complex legal procedures. My mistake, note to self: Contact Marty Mcfly and tune up the flux capacitor.
Since then I have been diligently trying to schedule my new Motion to Dismiss for Fraud. Even though Marshall Watson won’t return phone calls, and I have an email from them stating that they won’t communicate with me via email, I have tried my best to coordinate hearing dates. I had one hearing scheduled for January 7, 2011. I had provided noticed to them and the Clerk in November. In late December, David Newman, the fifth attorney representing Marshall Watson schedules an emergency hearing for January 6 to cancel my hearing for January 7. Appearing by telephone Judge Taylor grants Marshall Watson’s motion because I had unilaterally scheduled the hearing. (Uhhh, it’s kind of hard to coordinate with someone who won’t talk to you...and forget about the fact Marshall Watson has ALWAYS scheduled their hearings unilaterally.) But dag nabbity we are all going to schedule a “date certain” that works for everyone. The Judge confirms that we will all appear February 18.
Wouldn’t you know it, poor Mr. Newman falls ill and needs to file a Motion to Continue because on February 11 he seems to know he is going to be sick on February 18. (There’s that time travel thingy again, he must be good friends with Marty Mcfly.) To confirm this future tragic illness he provides the court with an undated doctor’s note that says only, “Pneumonia - No Work.” Of course Judge Taylor grants the motion regardless of the fact that Marshall Watson has countless other attorneys that could work this case. It would appear they only want to show up in court if they can manage a way for me not to be there.
The Courts allow for them to evade my interrogatories, and consume time objecting to my intent to video tape hearings. You see, I’d like to make a record of this fiasco, and they object because it might cause them to be distracted from their intense professional legal work. Kiss my deflating asset!
These jackwagons from Marshall Watson are making a farce of our judicial procedures, and due process. This is all done under the watch of Attorney General Pam Bondi, the Florida Bar, AND our locally elected Judges. (Don’t forget, the Judges are all drunk on Bankster Brew, with 62.4% of their salary coming directly from foreclosing plaintiffs.)
Defense attorneys who understand this are wary to bring up the issue because it could affect their livelihood, and those that do across the state are then subject to adverse ramifications both professionally and before the Court. Those Judges that allow this charade to continue should resign because they allow for the destruction of the very process that they are there to preserve. (Oh, wait, as in Judge Tobin’s case, some already have.)
It’s a travesty that dramatically affects each and every one of us as illustrated in the previous weeks columns. If not for property rights and rule of law we are nothing more than a banana republic. Thank goodness there exists a few decent publications such as Key West the Newspaper that allow for the light of day to shine on this.
Next week, we’ll wrap this series up with some potential solutions.
your Plaintiff's lawfirm:
ReplyDeletesomeone might make the Hon. Judges David Auldin & Sandra Taylor aware - but it probally wouldn't make a difference
Freddie Mac takes foreclosure files from Fort Lauderdale-based Marshall C. Watson law firm | 03/11/2011 |
Federal mortgage backer Freddie Mac is taking its foreclosure cases from the Fort Lauderdale-based Marshall C. Watson law firm, one of eight Florida firms facing state scrutiny for its handling of home repossessions.
Brad German, a spokesman for Freddie Mac, confirmed the removal of the cases this morning, but did not say why Watson will no longer be used.
“Going forward our servicers will be directing business to other counsel,” German said.
In a statement, the Marshall C. Watson law firm said the parting was a mutual decision made by both sides.
“Freddie Mac and our firm mutually decided to part ways,” that statement said. “The Freddie Mac portfolio was only a small portion of the firm’s business, representing less than ten percent. Our firm will continue to work with Freddie Mac to ensure the transition of files is expedited and smooth. We are operating as normal with respect to all other clients and as always remain focused on providing superior service.”
Freddie Mac’s designated counsel list, which shows which attorneys the group uses in each state, was updated for Florida yesterday to remove Waston’s name.
Marshall C. Watson is just the latest firm to lose its federal foreclosure business. The Law Offices of David J. Stern in Plantation was fired in the fall by both Freddie Mac and Fannie Mae. Stern said last week the office would stop doing all foreclosure work as of March 31, leaving as many as 100,000 cases stranded statewide.
The Fort Lauderdale firm of Ben-Ezra & Katz was fired in February by Fannie Mae and is in the process of transferring about 15,000 cases to new attorneys.