Judges accused of 'predetermining' foreclosure cases in lender's favor

[Bluebear]

A lawyer accuses District Judge Donald Mosley and other judges of "predetermining" the outcome in foreclosure disputes in favor of the lenders, according to an appeal filed with the Nevada Supreme Court. In the process, they have made a "mockery" of a program designed to rescue distressed homeowners, attorney Jacob Hafter says in court papers filed Wednesday.

A 2009 state law gives judges the authority to modify loans if lenders fail to abide by Nevada Foreclosure Mediation Program guidelines.

Hafter said Mosley -- and by implication the high court -- had previously discussed how Nevada courts would rule in these disputes. During a foreclosure hearing for Hafter client Carl Piazza, Mosley said he would never sanction a lender for bad faith by modifying a loan from the bench.

"That's something we resolved for, basically, since this program began, that the judges, and the Supreme Court was part of this discussion, are not going to, in this forum, start modifying loans; just would not do (it)," Mosley said during the October hearing. "That would lead to a nightmare. I'd be here until midnight every night restructuring loans."

http://www.lvrj.com/news/judges-accused-of-predetermining-foreclosure-cases-116525958.html

[snot]

1. I don't know w.t.f. is going on here, but none of this sounds right.

[ThomCat]

2. Wow! Talk about stacking the court!

When they have already bought the verdicts in advance for every possible case that will ever before these judges, that represents a gold-mine for the banks.

Imagine a judge announced that s/he would always rule "Not Guilty" on every murder case. Always. Because s/he thought murder cases were a waste of time and resources, and always imposed far too much of a burden on the state whenever someone was actually convicted.

Can you even imagine that this judge would be allowed to remain on the bench? Can you imagine for even a moment that this would be considered acceptable?

But these judges collude in advance to come to an agreement, and then admit to it in front of attorneys, that they will always rubber stamp anything the attorneys for the lender's bring to the court, and the homeowners are screwed every time before they even walk in the door, regardless of the situation or circumstances or evidence.

If this is going to the Supreme Court, then that means there is no actual argument over whether or not this happened. It did. The only argument is other whether or not they are allowed to do it. That is what the Supreme Court would address.

That is absolutely outrageous!

Can anyone give even one good reason why these judges shouldn't be stripped from the bench and prohibited from ever practicing law again? (as a punishment for repeated biased, unethical and unprofessional conduct)

Any federal pensions they expect to have coming should be canceled the moment they get fired. They should never see another penny of benefit from their days as judges.

And they should be prohibited from having any contact with the court system, government employees, or municipal employees for a period of several years so that if they get hired by the banks that they have been serving from the bench they can't keep profiting the banks as consultants by milking their former associations with people who are still employed there. That would just be luring other people into corruption too.

[hootinholler]

3. "I'd be here every night 'til midnight"

That sums it up. Well then Judge, you have another alternative. Find for the homeowner who was lead down the garden path by the lender.

-Hoot

[chill_wind]

4. 2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge

And don't forget the Rocket Dockets. They decided a long time ago not to burden themselves on the part of homeowners.

To clear a huge backlog of foreclosures, judges are hearing "rocket dockets" of nearly 1,000 cases a day and calling retired colleagues back to the bench to help ease the workload.

A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases
2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge

(from 2009)

One lawyer, wearing a dark suit and untucked white shirt ran between the judge's bench and the dozens of open boxes on the floor. His colleagues sat cross-legged on the courtroom floor, sorting through files.

The judge signed dozens of them without discussion and passed them to a row of court employees to process the paperwork.

"Case No. 136," the clerk intoned. "Wells Fargo versus Edward Callahan."


K & R.

Judge Carlin asked whether the man was living in the house and was current on his mortgage. He answered no to both questions.

"Your house will be sold in 45 days,'' said the judge. "That's all for today."

Case time: 15 seconds.

http://online.wsj.com/article/SB123491755140004565.html

[Bluebear]

5. Oh man. nt

[chill_wind]

6. In one of the legal depositions posted on one of the 4closure watchdog sites

a few months ago, I remember a paralegal describing under oath the Rocket Docket procedures in her office. There were some counties in their jurisdictions where they knew the judges' inclinations so well that all they had to do was type up a list. They would load up the homeowner actual case files in a van as a backup "just in case the judge questioned or wanted to see anything".