Judges Are Starting to Get Tough On Foreclosure Mills

Sarasota Florida Judge Berlin Slams The Foreclosure Door On Wamu!

In Sarasota, Florida, Judge Donna Pader Berlin slammed the foreclosure door on Washington Mutual Bank in a mortgage foreclosure case. I love reading about cases like this, because Judge Pader Berlin apparently has an understanding of what's really going on. She was able to see the mortgage company’s game, and she put them on the defensive.

On March 6, 2009, Judge Pader Berlin issued an Order Canceling Foreclosure Sale and Enjoining Plaintiff From Applying for Sale Date. In this case, it seems that the Plaintiff, WAMU, and the Defendant (who I shall not name to respect privacy) were in conversations to modify the mortgage. At the same time, the attorneys representing WAMU were moving the case forward through the court system. Unfortunately, these practices are routine nowadays.

The attorney representing WAMU was the Florida Default Law Group, one of the huge foreclosure mills in the State of Florida. They pursue thousands of foreclosures each month and their attorneys walk the courthouses pulling literally trunks filled with foreclosure documents. The Judge entered an Order on February 6, 2009 setting aside a final judgment of foreclosure because of excusable neglect. It seems that the defendant didn’t take actions in the Court to defend herself because of the ongoing mortgage modification negotiations. Although the foreclosure judgment was set aside, the Florida Default Law Group nevertheless requested and received a sale date of March 30, 2009. Bear in mind that there was no final judgment at this point.

In the Order dated March 6, 2009, the Judge enjoined the plaintiff, WAMU, from applying for another sale date until they receive a final judgment from the Court. If WAMU chooses to violate the March 6, 2009 Order, the Judge may impose sanctions. I wonder how the attorney from Florida Default Law Group explained that one to WAMU.