FLORIDA BAR PLANS FREE FORECLOSURE SEMINAR FOR LAWYERS AND JUDGES

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

ALL HANDS ON DECK!!!!

According to the Florida Bar News, they are now working on a CLE course that will be 3.5-4.0 credits without charge, and JUDGES and LAWYERS are going to be encouraged to attend. Terry Hill is the director of the Bar’s Programs Division. No date is set yet. The current list of presenters include

• 12th Circuit Chief Judge Lee Haworth
• 19th Circuit Judge Burton Connor
• Boca Raton Attorney Margery Golant
• Bar Ethics Counsel Elizabeth Tarbert

They have not asked for it, but I would suggest that others volunteer to present, and that lawyers from around the state submit, clear and concise materials in word format and PowerPoint format. I do NOT suggest that any pro se litigants submit any materials — this is not intended to be a forum for airing grievances.

From what I have gathered from lawyers on the ground, the goal seems to be about two things: handling the volume of foreclosures and doing it right. This is a unique opportunity for ALL the players are on all sides of the foreclosure process to focus on the elements of law and procedure that govern civil actions for foreclosure of residential homes. Issues of due process, motion practice, discovery and judicial economy are going to be prime topics.

In my opinion, the outcome of this seminar will govern the way foreclosures are handled around the state for years to come — so, Florida Lawyers, if you have something to say about judicial conduct, application of the rules of evidence, discovery, motion practice, and the protection of the interests of homeowners, borrowers, lenders, creditors, assignors, assignees, indorsements, delivery, possession, holders, holders in due course, and payee under the obligation, note and mortgage, this is the time to bring it up.

Presumptions regarding securitization and authenticity of documents are going to be a difficult challenge, but this seminar is probably going to end the debate. Don’t expect anyone at the seminar to present a case for requiring the would-be forecloser to prove the obvious. This seminar is not about slowing up the foreclosure process for the benefit of borrowers sitting in their homes without paying anyone — but neither it is about giving the right to foreclose to anyone who claims it.

Missing from the list of presenters, for now, is anyone who can explain securitization, how it was designed, and how it was executed in practice. It is this issue that will be the ultimate determinant in the outcome of many if not most cases. But don’t expect any silver bullets to come out of this seminar. The presenters have no intention of shooting down either side — the intent being to inform the participants of the REAL procedural issues and REAL substantive issues raised by the revelations of robo-signing, securitization, transfers, deliveries, fabricated and forged documents, and what to do with the obligation of the borrower, even if the note and mortgage (or transfer documents) are defective.

Chief amongst the tasks of the presenters is going to be the definition of terms like “lender”, “creditor”, MERS, “nominee,” “Limited signing officer” etc.

Having given 1/2 day, 1 day and 3 day seminars, I really don’t know how they are going to cover the required material in a 1/2 day seminar. But it is a start — and it is a step in the right direction. Most lawyers in Florida share the concern of title companies that the state’s property title system has been corrupted by either the foreclosure or the auction sale process. The debate that is now engaged is how to fix that and whether it can be done by the judiciary.

Posted in bubble, Corruption, Eviction, securities fraud |