Courtroom Gambler

Greetings Paul,

In re: The case discussed at:
http://www.brokencredit.com/anatomy-of-a-florida-foreclosure-defense/

While doing some research, I checked the Duval County docket on this case and noticed some additional pleadings;

 9/15/2008     MOTION TO COMPEL (PLAINTIFF’S)
 9/17/2008     MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S REQUEST FOR DISCOVERY
11/21/2008     MOTION TO COMPEL

As you notice, there has been no activity on this case since November 2008.

I was wondering if you have kept up with this case, and if you have obtained the additional pleadings on this matter.

Also curious as to your thoughts on why there is no recent activity on this case.

Thanks,
Curtis

————–

Hello Curtis,

No, I haven’t kept up with the case.  The case was chosen because it was discussed in April Charney’s Foreclosure Defense Seminar for Continuing Legal Education for the Florida Bar last year. 

My opinion on why the case has little activity is the fact that the lender/plaintiff’s foreclosure case is so weak, they don’t want to press the issue and tip their hand for all to see, so one filing per year keeps the judge from dismissing the action but that’s about it.  I would guess it will end in a nice settlement for the homeowner.

And that brings me to another point and that is: there has to be a ‘goal’ of foreclosure defense.  Ultimately, there will be a settlement and the borrower needs to determine in advance what type of settlement will make it all worth it.  Who wants to be in limbo for years on end awaiting the disposition of their foreclosure case?  Stuck as a pawn in a game with creepy lenders and a judicial system that more often than not (unfortunately) favors those with money.

(typing as my mind plays an old Kenny Rogers Song – “The Gambler”)

The quicker a borrower gets through it and obtains a principal reduction loan modification or a short sale with full release of liability, the better.  Our minds have so much that weighs heavily on our brain already as things are in life and we can otherwise focus that energy on some things more productive.  That’s all just my opinion of course. 

Thanks for the questions and hope this helps.

Paul

(singing)

You got to know when to hold ‘em, know when to fold ‘em,
Know when to walk away and know when to run.
You never count your money when you’re sittin’ at the table.
There’ll be time enough for countin’ when the dealin’s done.