Real Estate Journal Online

In Florida, the judges have had enough. According to a Palm Beach Post case review, “judges are routinely dismissing [foreclosure] cases for questionable paperwork”[1]. In fact, they are doing so with increasing zeal, accusing lawyers bringing the cases to court of “fraud upon the court” and even awarding homeowners their homes free and clear. Judges and homeowner advocates are hoping that the judges’ frustration with “shoddy” and “grossly incompetent” foreclosure paperwork, as Miami-Dade county circuit judge Maxine Cohen Lando described Marc A. Ben-Ezra’s firm’s work, will lead other judges to also crack down on the issue and ultimately cause the banks to “pay attention and do it right.” Ben-Ezra’s firm, Ben-Ezra & Katz P.A., has been plagued with robo-signer allegations and is currently embroiled in a number of lawsuits as lenders attempt to recoup damages and documents while the firm stands fast in their demands to be paid before releasing information.

In that particular instance, after calling Ben-Ezra a “robot who filed whatever the banks sent him” and holding him in contempt of court, Lando gave the homeowner their home free and clear and barred the lender from refilling the foreclosure. In most cases, the lenders are allowed to re-file with the appropriate documents.

Critics of this new wave of judicial activism say it is not the role of a judge to “fix things,” but rather to decide cases. While it may be appealing to think of these judges coming down hard on alleged robo-signers, is it a good precedent?

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[1] http://www.palmbeachpost.com/money/foreclosures/foreclosure-crisis-fed-up-judges-crack-down-disorder-1369862.html