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  • Discovery Tactics

| September 29, 2010

DISCLAIMER: THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE! Anthony Martinez is a Discovery Expert.  Neither Anthony Martinez nor his firm AMA engage in the practice of law and only work in conjunction with licensed practicing attorneys.  AMA will provide public information only and will not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

Ok I get it… ….Attorney’s are to hold themselves to a higher standard…professionalism…professional courtesy…courtroom edicate…yada yada yada!  I get it I really do!  But my fellow legal advocates…it really is time to take off the gloves.

In hearing after hearing defense attorneys are walking into court with the same timid attitude of sorts trying to be nice, trying to maintain their professionalism while across the table I’m seeing these foreclosure mill runners (I call them runners because they’re not even the attorney on the case just the runner appearing before the judge on behalf of the foreclosure mill) being extremely flagrant, arrogant and flat-out bully like to a large degree.  And what’s of great notice is that the moment they get tripped up by the more aggressive defense lawyer, they tend to quickly tell the judge how they’re not the attorney assigned to the case and how they’re just present for the hearing and will have to check back or ask for a continuance or make the defense feel like they’ve won something by postponing the sale.  Amazing how on the fly these runners are making decisions for their clients about postponements without making a call.

Quite frankly for those who know me personally I give you what you dish out.  If you act like a bully I’m going to treat you like a bully.  I personally don’t like these foreclosure mills and what they stand for on a moral and ethical front.  I believe that any attorney that can stomach putting families in masses in the street for money is morally challenged and any lawyer that’s willing to commit fraud upon the court doesn’t deserve professional courtesy.  Defense attorneys need to stop treating these foreclosure mill attorneys as their equal brothers and sisters of the profession and start treating them like enemies of the state.  That may seem a bit harsh but for every homeowner that seeks assistance from an attoreny does so with a passion unseen or felt by the legal profession.  Attorney’s need to harvest that same passion, translate it into legal argument and bring it right into the courtroom.  Attorney’s cannot allow for families to lose their home as a matter of course through runners!  RUNNERS!!! Are you kidding me!  Attorney’s should be kicking their ass’s right out the courtroom down out to the street and they aren’t.  They are giving them professional courtesy.

I think it’s time to get aggressive and outright scary in these courtrooms.  Why should a judge take defense counsel seriously when counsel’s not bringing the passion and seriousness of the issues to the forefront?  If you walk into courtrooms you will see judges laughing, you will see lawyers talking while waiting their turn and a hearing is going on.  You will see judges making jokes and then saying your motion to dismiss is denied.  You will be nothing short of AMAZED at how unimportant kicking a family out of their home is.  Let me tell you that it’s one thing to see an adult client in front of you but it is something completely different to visit their home and see a child 4 or 5 holding a toy or a 12-year-old ask if you’re going to save his family.  I recently traveled to New York on a case and let me tell you that in these judges courtroom, intimidation is not the word.  NO ONE is talking in the courtroom.  These judges in New York are not playing and neither are the defense attorneys.  I see great passion and argument and I see judges looking squarely at the merits of the case.  So why is this not happening in Florida courts?

When I see great fighting attorneys like Matt Weidner put up a post of frustration and fear that we are losing the battle I get angry and begin digging into my research box of tools, conference with law professors and attorney collegues and have strategy sessions to figure out new ways to take back the momentum.  Defense attorneys need to silence the courtroom with their passion and sound legal arguments.  They need to create the platform in which judges and other defense attorneys stay quiet to learn.  Defense attorneys need to own the room when they’re in it and speaking and they need to spank these little foreclosure mill runners and make them run back to daddy Stern or daddy Watson.  Walk into court every time knowing they’ve committed fraud.  Stop being so scared to say it and use every other word you know to describe it.  Say it loud…FRAUD FRAUD FRAUD!!!  Move for sanctions!  They’re crooks…treat them like it!  Stop treating them like your equal, stop giving them professional courtesy and start treating them like they deserve to be treated!



  1. Of course I don’t have anything to compare it to, really, I know nothing of Florida courts but I am a person who lives in the U.S. and who is both sad and ashamed for what stands for justice nowadays. But I agree, based on what I’ve seen, somehow New York is the land of opportunity. Maybe that’s fitting since New York stands for new beginnings, case in point Ellis Island. Anyway, though I don’t recall the exact details, a New York resident recently was awarded a million dollars or more because of Bank of America’s unlawful conduct which resulted in the foreclosure of her home. Hurray for that, I say. Too often online I see regular people blaming the victim, saying they should have known better, this arrogant “thee not me” attitude on the part of the regular everyday citizens is unbecoming, discouraging and even frightening.

    I spend way too much time on the net, perhaps, but in the course of so-doing I have noticed that, among others, Bar Associations tend to stress that lawyers uphold each other and the judges even when the facts don’t warrant it. Standing by someone, defending their actions just because they are “like us” is a dangerous mindset to get into.

    Which is why, in my rambling way, I was moved to compliment you for “calling out” your brother and sister attorneys to step up to the plate and do the right thing, and yes, get passionate about what they are doing. As you say, now is not the time for holding back in order to maintain some sense of decorum that serves no one except the predators among us.

    One of my heroes (okay I know he is fictional but everybody needs at least one hero) has always been Atticus Finch. I wish there were more people like him who cared about what they are doing and took a personal interest in trying to get justice on whatever level of the playing field we are on.

  2. Mr. Martinez,

    Well said well done. I could not possibly concur with you more in regards to everything you had to say in the above article. Speaking from personal experience as an initial Pro-Se litigant to a now represented litigant in a Florida foreclosure action I was cheering as I read the above. I must add (to my dismay) that not enough people are standing up for themselves or doing any due diligence on their own part to fight foreclosure and save their homes. When I appeared for my “Summary Final Judgment Hearing” I was shocked to find only my wife, myself and ONE other party appearing. The steamroller foreclosure mills have it way too easy, why are people doing little to nothing to save their homes? That said, once in court I was shocked at how much the courts and judges that are supposedly here to act impartial and follow the law seem to be against us, literally and figuratively bending over to the foreclosure mills. Why do I and defense attorney’s have to play by the rules when the foreclosure mills are aloud to blatantly defy the law? David J. Stern’s office lies, cheats, commits massive fraud and still has their hands kissed by the judges and courts in the process. My motions to dismiss went to the magistrate, the attorney of record never appeared for the summary hearing (yes, a “Runner” appeared), the magistrate all but laughed in my face as he denied my motions to dismiss and the icing on the cake was the banks lawyer (yes, from Stern’s office) failed to appear. NO assignment of mortgage has ever been filed, a complete failure to comply with the FDCPA (Fair Debt Collection Practices Act) was sneered at by the Magistrate (not considered a big enough deal to dismiss a foreclosure action). Instead the judge gives the foreclosure mill more time to file the assignment, ridiculous. On the good side, I have a fantastic lawyer who is very passionate and despises Stern’s office and has shown it loud and clear in court…..Mr. Martinez is spot on when he say’s they deserve ZERO respect. They give none they get none, I just wish the courts and judges would realize what a miscarriage of justice is going on and how they are personally selling out the American people for no other reason than moving cases off the docket as fast as they can. You will need a lawyer, too many mistakes can be made without a good one on your side. Based on the above article, Mr. Martinez looks to be a great starting point in finding an attorney with a backbone. Make no excuses people, fight these assholes and don’t take foreclosure lying down, you do not have to be sheep being led to slaughter.

  3. Peace & Greetings: I’m just gratified to see a young person like Mr. Martinez, courageously, take up the challenge of the injustices that is pervasive in so-called “courts of law!”

  4. For those of us who have been fighting the giants for years now having attorneys willing to step up and join in the battles is a welcome partnership. Information regarding who actually owns the home, the Chain of Title, whether the mortgage was sold, transferred, put into a trust, or securitized has been hard to come by, as the banks simply refuse to divulge this information to the homeowner, and a single source to go to so that this information may be obtained has been absent.

    Now several of us who have been in the foreclosure battle and have had to search and hunt to get the information we need have set up a place to do so. This has come about as a result of the difficulties we have faced trying to get correct information so that we could present our cases against the banks.

    I personally have received over 10 foreclosure notices, sued my bank and won my house free and clear, and still had them go through a foreclosure sale and sell my house back to themselves after I had recorded a free and clear title with the county as per my judgment. I have spent hundreds of hours digging to come up with the information I needed to proceed. That is why we have formed an organization to give the homeowner and his attorney the information he needs to increase his chances in keeping his home. Visit http://www.bpinvestigativeagency.com/About_BPIA.html to see what services are available, or email george.bpia@gmail.com for additional information.

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