I don't think that most people like to see people get out of what they owe on technicalities. That's why I wanted to kind of steer clear of the guesswork as far as the defendant's particular situation, because I didn't want to make the assumption that the defendant was just some sort of deadbeat looking for a free ride through life. Maybe he is and maybe he isn't...
Rather, what I am focusing on is the "technicalities", or, more accurately, the systematic and ordinary business practices of the big plaintiff-side foreclosure mill operations-- such as seemingly never failing to miss a court-set deadline, repeatedly failing to give the defendant required notice, coming to court proceedings woefully unprepared, submitting false and fraudulent documents, and not participating in mediation in good faith. At least in certain jurisdictions, this seems to be the rule rather than the exception.
My understanding is that these judges are not allowed to just wipe out these mortgage debts, so I don't think that we have much to worry about as far as dedbeats getting their mortgage debt cancelled in a foreclosure case. But maybe if a few of these plaintiff attorneys had to spend a weekend in jail for blowing off court orders and producing false documents and so forth, it might serve as a wake up call. Otherwise, it just seems as if there is no consequence for repeated and systematic failure to follow the rules.
to post a reply:
login - or -
register