3rd District Court of Appeals Judge Attributes Destruction of Due Process to our own Judge Sandra Taylor
Sometimes you feel vindicated. Sometimes there is the occasion that some event occurs that solidifies your beliefs and eliminates that “lone wolf” feeling. Just when I was beginning to wonder why no one else can see what is so obvious to me, I read these words from 3rd District Court of Appeals Judge Juan Ramirez, Jr.,
Essentially in Keys case 09-CA-397M, a hearing was held on August 19, 2010 where no minutes were recorded, and resulted in Judge Taylor signing a deficiency judgement on September 10, 2010 in favor of the bank for an amount of $216,485.73. However, afterwards, communication between the bank’s counsel and Judge Taylor (excluding the defendants) resulted in the next recorded entry in the case being an Amended Final Deficiency Judgement more than doubling the figure to $529,630.64. There was no intervening motion or hearing, just a sweet doubling of the damages in favor of the bank. The defendants had no opportunity to contest it. No need to worry about due process here, heck why not make it a clean triple, after all they’re banks, they must be right?
Unfortunately for those fans of due process and the Constitution such as myself, Judge Ramirez was in the minority in ruling on the appeal. Can’t have everything. At least he can sleep at night, and whether he knows it or not he has Matt Gardi in his camp of concerned Americans, so he doesn’t have to feel like a lone wolf. This by all accounts was a travesty, and illustrates what has been going on in the 16th Judicial Circuit, as they create administrative orders restricting video taping, and refuse to allow streaming of court hearings so the public can not see the farce that is now considered due process and defense of property rights. As I have illustrated here on Naked Conch and in Key West the Newspaper before, nearly two thirds of a Judge’s salary is paid for directly by law firms filing foreclosure cases.
Unfortunately as well, Judge Taylor is retired, and does not stand for re-election. But she is appointed by the Chief Judge. I imagine Judge Ramirez might have offered a similar concern when Judge Taylor allowed the banks counsel to cancel a hearing the day after it occurred in case number 09-CA-471K. No need to worry that the defense was sitting in that very hearing that Judge Taylor would let the banks cancel THE NEXT DAY. Perhaps Judge Ramirez may have also been concerned when Chief Judge Audlin granted a motion for Summary Judgement of Foreclosure in that same case. That motion was granted without any service, notice or even a scheduled hearing while the defense had no chance to respond and had an outstanding Motion to Dismiss pending.
But why stop there, Judge Audlin, who is up for re-election, looked directly at proof of a forged note in the same case and suggested it was an issue of standing, versus sanctioning the plaintiff for production of such. In another instance Audlin refused comment on why he rubber stamped a foreclosure on behalf of Deutsche Bank in a case that showed Option One actually owned the mortgage. Deutsche Bank didn’t even have the courtesy of manufacturing fake documents to transfer the rights. These classic moves are all documented in the Foreclosure Fraud series I wrote for Key West the Newspaper and that are available right here on Naked Conch.
I’m sure Judge Audlin will hide himself behind the lawyer designed Judicial Canon of Ethics during his re-election campaign. You see, it’s not ethical for a Judge to discuss his rulings. That’s convenient when at the same time you are working to prevent the public from conveniently watching your conduct through streaming video.
Folks, our Country is a Republic, based on the rule of law. What’s going on in our Court system is a destruction of due process and compromises all of our title histories, and now we have at least one reputable Judge with the courage to identify the problem and call out the shortcomings of the Courts here in the Keys. Without our judicial system defending the basic principles on which our Country was founded, we have nothing. Nothing.
Some might suggest that I don’t offer enough respect for those that wear the black robes of justice, but I contend it is quite the opposite. We expect that those that we entrust to the position of Judge through our vote to uphold the virtues of the office to the extreme. Any example of a shortcoming is a problem, but when it becomes an intentional shortcoming, it shows no respect for the constituency that elected them. Respect is earned well past the point that a simple lawyer extends a glad hand to win an election. It is meted out by a Judge’s actions, or lack there of. Respect is not earned by the simple fact a lawyer who won an election now wears a black robe.
Judge Ramirez has earned my respect.
When our Judges salaries are paid primarily by foreclosure mill law firms, and there exists obvious examples of due process being trampled by Judges whom cloak themselves in secrecy, we as the public have genuine cause for concern.
I stand with Judge Ramirez in solidarity.
Phillips vs Centennial Bank
Sometimes you feel vindicated. Sometimes there is the occasion that some event occurs that solidifies your beliefs and eliminates that “lone wolf” feeling. Just when I was beginning to wonder why no one else can see what is so obvious to me, I read these words from 3rd District Court of Appeals Judge Juan Ramirez, Jr.,
“In my view, to affirm what happened here requires that we turn a blind eye to the Florida Rules of Civil Procedure, the Florida Bar Rules of Professional Conduct, and the Code of Judicial Conduct, to say nothing of the Constitutions of the United States and the State of Florida.”What is this highly respected Judge referring to? Would you believe our very own 16th Judicial Circuit Judge Sandra Taylor, the retired Judge that has been handling so many of our foreclosure cases. What caused Judge Ramirez to articulate such an extreme, no holds barred position that correlates with my oft repeated suppositions? Ramirez explained,
“I dissent because I cannot condone the unprofessional and unethical means used by the bank’s counsel, with the trial court’s complicity, to obtain an amended final judgment in this case. Counsel for Centennial Bank admitted at oral argument that the amended final judgment, which more than doubled the amount of the deficiency judgment, was obtained after an ex parte communication with the judge’s chambers. Either the judge or her staff then advised counsel on how to proceed. Not only was it improper for the trial court to give legal advice, but the advice was wrong—directing counsel to send a letter with a proposed amended final judgment, rather than to file a motion seeking appropriate relief. This was then followed by another ex parte communication—a letter from the bank’s counsel to the judge, that then resulted in a new final judgment two and half times larger than the previous final judgment. The bank did not even send a copy of the letter to the appellant.”
Essentially in Keys case 09-CA-397M, a hearing was held on August 19, 2010 where no minutes were recorded, and resulted in Judge Taylor signing a deficiency judgement on September 10, 2010 in favor of the bank for an amount of $216,485.73. However, afterwards, communication between the bank’s counsel and Judge Taylor (excluding the defendants) resulted in the next recorded entry in the case being an Amended Final Deficiency Judgement more than doubling the figure to $529,630.64. There was no intervening motion or hearing, just a sweet doubling of the damages in favor of the bank. The defendants had no opportunity to contest it. No need to worry about due process here, heck why not make it a clean triple, after all they’re banks, they must be right?
Unfortunately as well, Judge Taylor is retired, and does not stand for re-election. But she is appointed by the Chief Judge. I imagine Judge Ramirez might have offered a similar concern when Judge Taylor allowed the banks counsel to cancel a hearing the day after it occurred in case number 09-CA-471K. No need to worry that the defense was sitting in that very hearing that Judge Taylor would let the banks cancel THE NEXT DAY. Perhaps Judge Ramirez may have also been concerned when Chief Judge Audlin granted a motion for Summary Judgement of Foreclosure in that same case. That motion was granted without any service, notice or even a scheduled hearing while the defense had no chance to respond and had an outstanding Motion to Dismiss pending.
But why stop there, Judge Audlin, who is up for re-election, looked directly at proof of a forged note in the same case and suggested it was an issue of standing, versus sanctioning the plaintiff for production of such. In another instance Audlin refused comment on why he rubber stamped a foreclosure on behalf of Deutsche Bank in a case that showed Option One actually owned the mortgage. Deutsche Bank didn’t even have the courtesy of manufacturing fake documents to transfer the rights. These classic moves are all documented in the Foreclosure Fraud series I wrote for Key West the Newspaper and that are available right here on Naked Conch.
I’m sure Judge Audlin will hide himself behind the lawyer designed Judicial Canon of Ethics during his re-election campaign. You see, it’s not ethical for a Judge to discuss his rulings. That’s convenient when at the same time you are working to prevent the public from conveniently watching your conduct through streaming video.
Folks, our Country is a Republic, based on the rule of law. What’s going on in our Court system is a destruction of due process and compromises all of our title histories, and now we have at least one reputable Judge with the courage to identify the problem and call out the shortcomings of the Courts here in the Keys. Without our judicial system defending the basic principles on which our Country was founded, we have nothing. Nothing.
Some might suggest that I don’t offer enough respect for those that wear the black robes of justice, but I contend it is quite the opposite. We expect that those that we entrust to the position of Judge through our vote to uphold the virtues of the office to the extreme. Any example of a shortcoming is a problem, but when it becomes an intentional shortcoming, it shows no respect for the constituency that elected them. Respect is earned well past the point that a simple lawyer extends a glad hand to win an election. It is meted out by a Judge’s actions, or lack there of. Respect is not earned by the simple fact a lawyer who won an election now wears a black robe.
Judge Ramirez has earned my respect.
When our Judges salaries are paid primarily by foreclosure mill law firms, and there exists obvious examples of due process being trampled by Judges whom cloak themselves in secrecy, we as the public have genuine cause for concern.
I stand with Judge Ramirez in solidarity.
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