Judges In Sarasota And Manatee County Are Getting Tougher On Foreclosure Law Firms
State Court Judges are tired of big foreclosure dockets, and they are tired of foreclosure law firms who fail to appear for hearings. It appears the courts are getting tougher on foreclosure mills in Sarasota and Manatee County, Florida.
Recently, according to the Miami Herald, a Manatee County Circuit Court Judge sanctioned the law firm of Smith Hiatt & Diaz $49,000 for “deliberate, willful, and flagrant” contempt for setting, then missing two foreclosure hearings. Apparently this was not a one-time event but similar incidents of not showing or cancelling hearings at the last minute had occurred in the past.
Also reported was a sanction by a Sarasota County Circuit judge against foreclosing plaintiffs for failing to follow court procedures wherein the judge dismissed approximately 25% of his docket. While the sanction did not impose direct monetary penalties, dismissal is certainly close to the top of a judge’s sanction power.
While the foreclosures are widespread and seem to be growing exponentially, lawyers need to remember they are subject to the Florida Bar Rules of professional conduct as well as officers of the court, and they must comply with the Court's specific rules.
Today, it seems the overwhelming numbers of foreclosures may have led some attorneys to forget this little ethical requirement. It is my opinion that most foreclosure lawyers today are focused primarily on getting the job done at any cost. Hopefully these sanctions and others will serve as wake up calls to those who may be caught up in the frenzy.
This Blog was written by Attorney David Fineman, Esq. of The Dellutri Law Group, P.A. Mr. Fineman practices Bankruptcy Law, Fair Credit Reporting Act Law, Fair Debt Collection Practices Act Law and in other areas of Consumer Law.
