She Ain't No Judge Haury!
Judge Perlman's first day on the foreclosure bench was smokin! I was first introduced to Sharon Perlman on November 9, 2012 at the workshop, View From the Bench. Described as brilliant, it seems Judge Perlman's mandate is to clear the court's docket of the "60,000 pending foreclosure cases" before you can say 'Objection!"
"It's coming from above, to push the cases through," someone close to Judge Perlman told me. "Judge Haury asked too many questions" the person continued. I think if you are in a position of granting an entity the power to frauduently steal someone's home with the blessing of the court, then by God you should be allowed to ask "too many questions" but those days are gone. Judge William Haury was transferred to Criminal court, Room 990.
Judge Perlman's courtroom was also used by Judge Garcia-Wood when she sat on the foreclosure bench. The audio system is still not working. Homeowners and citizens sitting in the gallery have a difficult time hearing what the Judge and the parties are saying as construction noise and the attorneys back-slapping, high fiving and greeting clients fill up the air space. There were moments however, when the room was quiet and you could hear the Judge, the attorney and/or the homeowner but those were rare moments. The phrases I heard repeated throughout the day were "It's been four years - Denied" "Four years is enough time- Denied," "How many bankruptcies? Denied. "What a waste of time."
I do appreciate justice being served swiftly but there is no justice being served here. Under the law, the lender must prove that it has the right to foreclose. However, proving that is difficult because of MERS (Mortgage Electronic Register System), securitiziation, the stripping and selling of the loans and the lack of a paper trial as to which entity bought, sold, resold and now holds the loan. Discovery takes time.
Our Courts must insists that all parties, including judges, abide by the rules of procedure. Whether or not the judges know (and we know, that they know, because they are brilliant) that the banks, their servicers and their attorneys are using fraudulent documents to foreclosure on homes are choosing to perpetuate the fraud, by not taking the time to review the documents place before them, assuming that the Plaintiffs know the law and are not lying and by not asking the appropriate questions. It was interesting to see a bank's attorney willing to give the absent homeowner 20 days to respond to the Motion to Dismiss and the Judge denying the motion and order that it be set for trial during the trial period April 15 through May 15, 2013. What if the homeowner had a death in the family, pehaps a child or a husband? What if the homeowner did not receive notice of the hearing? What if the attorney has another trial set for that same period? or is out of the state?
Our judges, in particular Judge Perlman, who is thought to be brilliant, should use her brilliance in the service of justice; not in the interest of time or in the interest and service of those who can afford high paying attorneys like the banks and the servicers.
So, to all homeowners, especially those who are representing themselves, Pro Se, the justice clock has stopped. You now have three choices:
- Loan Modification - and if you cannot get one, oh well!
- Short Sale.
- Eviction.
That is the direction our foreclosure court is going. Best of luck to all homeowners and when the luck runs out as it seems it may have - call the movers!
Oh, you have one other choice - OCCUPY!
