We want to invite you into a world of rancorous hearings and sanction motions and bar complaints and motions to recuse and petty jealousies and rages by Judges sanctioning lawyers (Bruce Jacobs) for raising defenses that plaintiffs were using fraudulent documents. It is a world of sanctions and fees and personal anger at a level never seen in the hallowed (and currently empty) halls of the REGJB.
It is the world of mortage foreclosure defense. The brief filed by Bruce Jacobs very competent counsel- David Winker- is troubling to read. Well respected Judges including the Judge de jour- Hanzman- come off looking not so great, threatening lawyers for raising defenses and arguing issues that - it appears to us- they have every right to raise and argue.
It is world where mortgage foreclosure apparently consumes the litigators and the judiciary; where both plaintiff and defense counsel come to view their roles as avengers, and in which both sides have been repeatedly sanctioned and disciplined. It is a world where different appellate districts have taken vastly different views of the law and the practice of foreclosure defense, in which some districts buy whole heartedly the defense theories of fraud and robo-signing of documents, and other districts- notably the 3rd DCA- go so far as to sanction lawyers for advancing those defenses.
It is a world in which Bruce Jacobs was forced to dig deep into himself, exploring his spirituality to sustain him through increasingly dark times. And it is a world in which Bruce Jacobs repeatedly defended homeowners pro bono, and stared down banks worth billions, forcing them to abandon mortgage foreclosure actions rather than respond to discovery orders. It is a world where Bruce Jacobs won a federal law suit vindicating his theories of fraud on the courts, and it is a world in which Hawaii was considering hiring Bruce Jacobs because of his fearsome advocacy, until well funded lobbyists, fearful of his lawyering, poisoned the well.
It is a world we want no part of. The rancor and hatred and personal animosity that has apparently split both the bar and judiciary down the middle shocks us. Give us a good death penalty case rather than the mean-spirited acrimony of foreclosure actions.
Read the brief and decide for yourself.