Sarasota judge simplifies foreclosure cases
10/03/2010 © Sarasota Herald-Tribune
COURTROOM: A checklist of filing errors can bring a case to a halt
By Todd Ruger
Published: Sunday, October 3, 2010 at 1:00 a.m.
SARASOTA COUNTY - Criminal defense attorneys used to call Judge Harry Rapkin "Hang 'Em High Harry" for his tough prison sentences, and his latest crackdown in foreclosure court might have home lenders trying to come up with a similar nickname.
Rapkin unleashed a new order last week, aimed at attorneys for lenders who are still making the kind of simple errors that would be considered ridiculous in any courtroom. A lot is at stake; Rapkin sees hundreds of cases where the lender is minutes away from taking someone's property.
Rapkin's new order completely dismisses foreclosure cases when they do not follow the simplest of rules. The judge's new order has nine check boxes listing the most common mistakes he sees in
foreclosures. The most basic -- not showing up for a hearing -- is listed first. Then there is one for attorneys who filed a motion to win a case that they had previously dismissed, and one for attorneys who filed a motion to win a case they had already won. If one these boxes gets checked, the judge dismisses the case.
The obviousness of the errors is one outcome of the mass volume of foreclosures running through Florida courts and the desire by large legal firms to handle foreclosures en masse, resulting in shoddy practices. "This isn't brain surgery," said Sarasota attorney Michael Belle, who reviews foreclosure filings for the judges as part of a court-sponsored program.
On Sept. 24, the day Rapkin debuted the order, a quarter of the 250 cases seeking his permission to retake property made one of the errors, 61 in all. Rapkin's checkboxes give him a quick way to make rulings on the cases. But it also has a twinge of ridicule: as in, can you believe professional attorneys can get things this wrong? Belle said it is a sad commentary about how a judge feels he must hold the hand of these attorneys just to meet elementary standards.
"Judge Rapkin is now finally saying I can't trust these guys anymore, so here's what I'm going to do," Belle said. The most direct message gets sent right to the lenders' pocketbooks. The order dismisses the foreclosure, meaning the lender must pay a filing fee up to $1,900 again if it wants to try to foreclose on the property again.
Attorneys in at least 15 of the 61 cases Rapkin dismissed with the new order have already tried to get a rehearing to try to save their case. The foreclosure system is still overwhelmed by cases, with attorneys for some lenders each handling thousands of cases.
Foreclosure defense attorneys have decried the paperwork from lenders for years. Now, problems with paperwork have led some lenders to halt foreclosures in up to 23 states, and the Florida Attorney General's Office is investigating possible fraudulent documents being used to retake homes.
10/03/2010 © Sarasota Herald-Tribune
COURTROOM: A checklist of filing errors can bring a case to a halt
By Todd Ruger
Published: Sunday, October 3, 2010 at 1:00 a.m.
SARASOTA COUNTY - Criminal defense attorneys used to call Judge Harry Rapkin "Hang 'Em High Harry" for his tough prison sentences, and his latest crackdown in foreclosure court might have home lenders trying to come up with a similar nickname.
Rapkin unleashed a new order last week, aimed at attorneys for lenders who are still making the kind of simple errors that would be considered ridiculous in any courtroom. A lot is at stake; Rapkin sees hundreds of cases where the lender is minutes away from taking someone's property.
Rapkin's new order completely dismisses foreclosure cases when they do not follow the simplest of rules. The judge's new order has nine check boxes listing the most common mistakes he sees in
foreclosures. The most basic -- not showing up for a hearing -- is listed first. Then there is one for attorneys who filed a motion to win a case that they had previously dismissed, and one for attorneys who filed a motion to win a case they had already won. If one these boxes gets checked, the judge dismisses the case.
The obviousness of the errors is one outcome of the mass volume of foreclosures running through Florida courts and the desire by large legal firms to handle foreclosures en masse, resulting in shoddy practices. "This isn't brain surgery," said Sarasota attorney Michael Belle, who reviews foreclosure filings for the judges as part of a court-sponsored program.
On Sept. 24, the day Rapkin debuted the order, a quarter of the 250 cases seeking his permission to retake property made one of the errors, 61 in all. Rapkin's checkboxes give him a quick way to make rulings on the cases. But it also has a twinge of ridicule: as in, can you believe professional attorneys can get things this wrong? Belle said it is a sad commentary about how a judge feels he must hold the hand of these attorneys just to meet elementary standards.
"Judge Rapkin is now finally saying I can't trust these guys anymore, so here's what I'm going to do," Belle said. The most direct message gets sent right to the lenders' pocketbooks. The order dismisses the foreclosure, meaning the lender must pay a filing fee up to $1,900 again if it wants to try to foreclose on the property again.
Attorneys in at least 15 of the 61 cases Rapkin dismissed with the new order have already tried to get a rehearing to try to save their case. The foreclosure system is still overwhelmed by cases, with attorneys for some lenders each handling thousands of cases.
Foreclosure defense attorneys have decried the paperwork from lenders for years. Now, problems with paperwork have led some lenders to halt foreclosures in up to 23 states, and the Florida Attorney General's Office is investigating possible fraudulent documents being used to retake homes.
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