JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, June 29, 2022

REVENGE OF THE JACOBS (AND JEDI)

 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. 


Initial Brief on Merits (1) by Anonymous PbHV4H on Scribd

52 comments:

Anonymous said...

Interesting to me that in all these sanctions hearings against Jacobs, along with most of the news accounts, I never hear anyone accusing him of misconduct address the factual allegations he raises.

Anonymous said...

"David Stern or Howard Stern." Classic.

Anonymous said...

Judicial superstar Hanzman looks very pedestrian and petty and arrogant. Grabbing the case from another judge. Losing his temper over Jacobs raising valid defenses. Twisting the knife at the Bar hearing. Bruce is an exceptional lawyer. If he made mistakes none of what he did justifies Hanzman opinion he should never practice law again.
Karma baby. It bites you back when you least expect it Mr. GLD- and yeah, what about those ETFS Hanzman owned and the banks had an interest? Sounds like more than just an appearance of impropriety.

Anonymous said...

OMG the Superstar of civil court turns out to be a sneering bully in robes. Screaming at lawyers who don’t see the case the way his highness does. Omg Omg omg.

Anonymous said...

Nancy Pelosi gave Bruce Willis aphasia. And the world is actually cooling. And other tails from the Trump Dark side. Now on Amazon.

Anonymous said...

Rumpole - You can NOT get a full understanding of the true facts as to Mr. Jacobs trial court conduct by only reading his own Florida Bar Brief prepared simply in an attempt to keep his license to practice law.

Based upon the written opinion filed by the 3rd District Court of Appeal, the TRUE facts clearly indicate that Attorney Jacobs acted in an improper manner by accusing litigants and their lawyers of fraud and by accusing Judges of insubordination, treason, violation of their oaths and other crimes without any supporting credible evidence.

Please read the 3rd District Court of Appeal’s opinion in the Aquosal case - where the appellate Judges easily saw through counsel’s flagrant misconduct and specifically acknowledged Judge Hanzman’s fairness and judicial temperament in a footnote stating …

“We COMMEND the trial court for the PATIENCE it exhibited before resorting to the threat of sanctions.”

Moreover, the 3rd District Court of Appeal Judges wrote in their opinion that Jacobs “continued to defy the trial court’s previous rulings …”

In fairness Rumpole, you should publish the appellate opinion. Let’s print the TRUE facts here and not just an advocate’s representation in a Bar Grievance Brief prepared simply to prevent an inevitable disbarment.

Anonymous said...

Blah, Blah Blah on the response.

Jacobs is still going to get banged hard by the FSC.

Anonymous said...

Come on Man. The claim that no court has addressed Jacobs allegations is demonstrably false. Judge Hanzman exhaustively dealt with and debunked every one of his bs claims. See, EMC v BJJP HOLDINGS opinion- 24 Fla.Law Weekly Supplement 604. The Third District did also.

That is why Jacobs has attacked and maligned these Judges.

If you believe Jacobs relentlessly attacked and moved to disqualify Judge Hanzman because his foreclosure clients discovered that the Judge owned a SPY - ETF which held some bank stocks (the SP 500) then i have a bridge to sell you in Brooklyn.

He went after Judge Hanzman and the other Judges on the 3rd because they rightly ruled against him.

The Supreme Court will remove this menace soon enough. Rogue is rogue and has no place in our Justice system. Let’s stay honorable.

Anonymous said...

"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."

"Rancor and hatred and personal animosity" are logical honest reactions to the court system and the things done by those who run it. Those are also predictable reactions from people who do awful things and don't like being exposed or confronted for it. Casual civility, collegiality, and amiability within the courts requires either blindness or complicity.

Anonymous said...

Hanzman Hanzman he's our man
take your bar card if he can
settle a case for a billion bucks
treats the lawyers like dumb _ucks...
Doesn't let great stop the good
but often is in a sour mood
if he meets anyone smarter than he
well, that would be first you wait and see

Anonymous said...

Plenty of local judges think nobody is smarter, harder-working, and a better judge than them. In my experience only one of them is correct-Hanzman. In a battle between Hanzman and Bruce Jacobs based on experience with both of them, it isn’t hard to choose who to side with.

Anonymous said...

Hanzman is an abusive bully. Keep filing JQC complaints they may eventually listen to them and temper his disposition.

Anonymous said...

Ode to Hanzman
Judge of minions
Good, not great are his decisions
Should bruce Jacobs stay in the bar?
Not on your life Sez Hanzman from afar
Treat lawyers with respect
Nah
Hanzman sneers at them with neglect
Recuse himself from a case ?
Not foreclosure
He’s in your face
Allow some evidence of plaintiff fraud ?
What are you ?
Some stupid broad?
Write an ode To a judge ?
ITs easy if he has a grudge.
Write a poem about a case?
Just until Hanzman puts me in my place.

Anonymous said...

The jealous loser Jacobs contingency ( probably just him) are out in full force tonight. Lets see how things turn out at the FSC.

Anonymous said...

There are many many Judges who are abusive, mean and not smart enough to even understand the law, statutory interpretation and judicial restraint. There are many judges that we, as a community of lawyers, dislike and do not respect.

On the other hand, there are litigators, albeit a handful, that are known to be “troubled” and have mental problems. They should not be trial lawyers. They do not obey rules of court, proper behavior and they just do and say what they choose.

Judge Hanzman is a person who became a jurist for the purist of reasons. He has empathy for those aggrieved whether it is civil court or criminal actions. He is one of the few who love the law and how it is necessary in a civilized society. He has always been a true academic and respects tradition and court rules. He prepares by reading and researching before he rules and usually issues his own order. Not a prepared order by a party. His own written 20-30 order applying the facts to the law.

Who does this? Without using a clerk, he takes the time to do his very best to do Justice.

For this lawyer Jacobs, who may be a nice human being outside of the litigation world, to flagrantly, intentionally and in bad faith do and say things against an honorable man is disgusting. It is not respectful. I find it abhorrent behavior. The Florida Supreme Court will write a scathing written Order very soon and the world will know the truth. It will not rely upon the words of a biased and self serving “Brief” of a party in fear of being disbarred to tell a story.

Rumpole should not judge a judge and decide a case based upon a fiction filed by a desperate party to determine Justice. This is not “fair and balanced”. Right? All we have in the Justice system is our reputation.

Rumpole said...

I don’t think I judged Judge Hanzman or disparaged him. What caught my attention and I found riveting was the acrimony surrounding these hearings and cases. Apparently many foreclosure defense lawyers have been disbarred. At least some civil judges have issued sanctions against the plaintiffs firm with the most cases. The Hawaii thing is bizarre. And I just don’t understand losing it on lawyers who raise fraud as a defense. Just overrule it or whatever they do in civil court. By attacking lawyers who accuse plaintiffs of fraud you’re giving the plaintiffs free reign to commit fraud in the future. And as to Jacobs what I get from the brief is that some judges and cases and lawsuits have in fact verified his accusations and that is troubling. As to his behavior- he recognized he went about it the wrong way. The road to hell is paved with good intentions. I have not opined that he should be exonerated or punished. But after reading the brief I understand more what he was up against. And I think the Fla supreme court should give great weight to his representation in pro bono cases and the people whose homes he has saved. I view this as different from a lawyer who steals from a client. He should not be disbarred or suspended past 30 days. It seems to me bar probation would make the most sense to keep him on the right path.

Anonymous said...

"Lets see how things turn out at the FSC."

"The Florida Supreme Court will write a scathing written Order very soon and the world will know the truth."

The hell does that prove? As if the Florida Supreme Court is some sterling immaculate tribunal of rectitude? It's a state supreme court comprised of Republican flunkies appointed mostly by Scott and Desantis. The only judge left there who has some trace of integrity is Labarga. The court has long signaled it doesn't care about foreclosure fraud and gives banks infinite mulligans without prejudice.

Pino v. Bank of NY, 121 So. 3d 23 (Fla. 2013)
Glass v. Nationstar Mortgage, 268 So.3d 676 (Fla. 2019)

When the Bar marks an attorney, the Florida Supreme Court rubber stamps it or pounds the lawyer even harder to deter any other would be uppity types.

Anonymous said...

Jacob’s does a ton of pro bono work. Imagine doing a case pro bono, finding that fraud has likely been committed, showing the evidence to a judge and based on the evidence, the judge required discovery from the bank to be produced. Yet, time and time again, the third is granting cert to relieve the banks of having to produce the evidence which will confirm the fraud. In other cases, where there is provable fraud, the banks rely on the litigation privilege and some judges allow it. It appears that his frustration with having evidence of indisputable fraud and judges shutting the arguments down has affected him. For those saying to read the Aquosal case, that case was contrary to holdings in other dcas, really a bad opinion and a road map for other banks to get away with enforcing documents with fraudulent assignments. Not sure Jacob’s is going it about it the right way, but knowing some of the background and reading many of the cases, he has a point. With that said, some of the judges he has called out are excellent judges and should not have been included with some of the other judges.

Dave Krieger said...

I met with Bruce Jacobs when he was partnering with Court Keeley and turned over video evidence to him (Mr. Jacobs) wherein a Bank of America robosigner admitted that he was part of a team of 40 independent contractors (paid $17/hr) that would basically research and sign documents as Vice Presidents of MERS (Mortgage Electronic Registration Systems, Inc.) and Bank of America, N.A. and other entities, knowing full well they were retained by Bank of America at their Simi Valley, California document mill (now closed because of undue scrutiny) to engineer and manufacture documents (assignments) containing false statements. Further, this robosigner also stated in the video that the notary did NOT personally appear and in fact, was located in another part of the building and never received any thumbprint or signature in their notary journal as required under California statutes. Both Mr. Jacobs and Mr. Keeley were flabbergasted with the video's revelations, which affirmed their beliefs that the major banks and their servicers were manufacturing false evidence, much the same way the David J. Stern law firm in Florida was cranking out documents executed by the law firm's own employees. Stern was disbarred only after years of being allowed to continue this maddening behavior. Tens of thousands of people lost their homes because of David J. Stern, who only got a slap on the wrist for being a pathological liar (he has a boat named, Su Casa, Mi Casa (your house is my house). What does that tell you? I have investigated (with my firm) similar records in Osceola County, Florida and Williamson County, Texas and the Clerks of those records have agreed that the evidence manufactured by these document mills and major banks (to create standing for themselves) is being ignored repetitiously by the Courts ... and not just in their jurisdictions either. I believe that Bruce Jacobs is being wrongfully and selectively prosecuted here by the Florida Bar because the banks don't want him around and I would dare say that the banking cartels have infiltrated The Florida Bar and control its behavior. Dave Krieger, DK Consultants LLC

Anonymous said...

There’s something about Hanzman that makes me want to rhyme
Perhaps it’s the air of being
smarter all the time
Or the way he pontificates
The whole thing good vs great
Or the way he would toss a man’s living
Without seeming a care to be given
Or maybe it’s the fame
On a case built on despair
And the way he decided to bully
And take himself too fully
But maybe I am wrong
And the judge
Maybe he is great
Dedicating himself to the law
And along the way exposing a flaw
And maybe he is in between
Sometimes good
Sometimes great
Sometimes in a mood
And sometimes being rude
I think what we can say is that a person is more than a s/he seems
Never as good as they appear
Never as bad as we fear
I hope he reads the comments
And sees how he’s perceived
And that leads him to modify
His acts which cause some to grieve
And he works to do good
And tries to be nice along the way
Because one thing is for certain
No judge keeps a court a float.
We all got along before him
And will do so when he leaves the bench
The hope is that along the way
He finds a way to be a mensch.

Anonymous said...

11 59. The one Judge on the FSC you say has integrity voted to suspend Jacobs on an emergency basis.

Anonymous said...

Hanzman changed political parties to be with the winners in Florida. Is that a toady?

Anonymous said...

Mr Rump. in all my years following your blog i have always found you to be insightful and highly intelligent. This post and the comments it spawned is the most uneducated and ignorant i have ever read. This lawyer accused highly respected trial and appellate judges of treason, insubordination, violating their oaths, and in Judge Bronwyn Millers case, altering a ruling to secure an appellate appointment. However frustrated he may claim to be with rulings,it does not excuse this outrageous behavior and he will soon be dealt with harshly by the Supreme Court. My guess is that he will be disbarred.You, and anyone else, who justifies/minimizes/excuses this behavior are uninformed, relying a brief filed by Jacobs in a desperate attempt to save his bar license. Read the multiple orders to show cause entered by the Third District, and post those as well as Jacobs brief. Then you will be in a position to comment. The attacks on Judge Hanzman also are appalling. This Judge heard Jacobs claims on the merits and wrote an extensive order addressing all of them. The Judge articulated detailed reasons in support of his ruling. That order should be posted as well. We lawyers do not like to lose cases. but we do not have the right to viciously attack, and accuse of crimes, Judges who rule against our clients. We appeal, argue our case, and accept final judicial rulings. Judge Hanzman and the Third considered Jacobs claims and found them lacking in merit. Judges do that to all of us. We do then attack them and accuse them of treason and insubordination, and of being in the pockets of banks. This guy crossed the line, time and time again, and continued to do so even after he "apologized" and was reprimanded. I have appeared before Judge Hanzman many times. win some lose some. he reads everything, grills lawyers, does his own research and writes his own detailed orders. Can he be a bit acerbic at times. Yes. But he is not the least bit abusive or unfair. The man does not need to work another day. As you pointed out, he accepted public service at great financial sacrifice, served 5 years handling dependency cases, and is currently handling what has to be the most emotionally difficult case ever seen with empathy and dignity, serving a devastated community in a time of need. It is pathetic that lawyers would take the opportunity to malign him in order to support Bruce Jacobs. Very sad.






Anonymous said...

@ 9:54

"The one Judge on the FSC you say has integrity voted to suspend Jacobs on an emergency basis."

I said "some trace of integrity." He's the consistent dissent on decisions rubber-stamping the death penalty. In aspects involving attorney discipline and deference to the bench, he may be a judicial monarchist who thinks attorneys who speak ill of the courts should be beheaded for lèse-majesté.

Anonymous said...

Bruce has been a fighter for the Rule of Law. He has put his career on the line to represent homeowners who need someone like him to fight a corrupt system. As a person who has seen this system fail personally I have to thank people like Bruce and others who have been disbarred for fighting a system that destroys families without any conscience and hope these fighters are able to turn the system that works for everyone not just the banks.

Anonymous said...

I have not been in front of Judge Hanzman but I know several people who have and the comments have all been the same. He’s smart but his temperament and demeanor are terrible. He clearly favors certain attorneys and doesn’t bother to hide it. I know Mr. Jacobs and the work he has done, he believes so strongly in his cause that he has risked his license. He is not the only attorney who has raised concerns about several judges and their disregard for the law when it comes to foreclosure cases.
Anyone who has handled foreclosures on a regular basis is aware of the difference in how foreclosure cases are handled and all other civil matters. After a while you realize the rules don’t apply in foreclosure cases, whether it’s corruption or judges have been brainwashed into buying the banks argument, or they simply don’t care - I don’t know. Good luck Mr. Jacobs!

Anonymous said...

Emphatically agree

Anonymous said...

I realize, even more, what a great honor it was to meet and shake hands with Bruce Jacobs. The occasion was in Apalachicola at my friend, Susan Richardson's funeral. Bruce was her advocate and hope to help save her home being foreclosed on by Bank of America. The stress became more than she could tolerate. Bruce has never given up. We could only hope for more Attorneys like this man!

Anonymous said...

I thought it was a good brief until I read the Florida Bar's motion to strike. Check it out.

Anonymous said...

I met Bruce on the Wells Fargo Sucks Facebook group and also the Fraudclosure Fighters Facebook group. He makes posts about his various undertakings and cases.

Bruce is an opponent of corruption in Wall Street. As someone who has been a customer of the major financial institutions and also spent many years working behind a cubicle in some of the largest, I can tell you that there is plenty of corruption to fight. I have 0 doubt that this corruption extends to the court system. I have zero doubt that lawyers working for major Wall Street banks deliberately commit fraud. I have zero doubt that they procure perjured testimony. I have zero doubt that in many cases involving a Wall Street bank as a plaintiff, the defense counsel and/or the judge is paid off. I have met one lady online whose case screams of Wells Fargo paying off the judge in her wrongful foreclosure case.

If this sounds far fetched to you, it’s because you don’t know these people the way that I do. I am saturated with how they work, as a customer, an employee, and a victim. These people behave as if the law doesn’t exist. They are brazen like nothing you have ever seen.

I hope Bruce wins his fight. It shouldn’t be taboo to put judges and plaintiffs and plaintiffs’ counsel under the microscope. This is especially the case in an arena so fraught with corruption.

Rumpole said...

3:04 pm. I appreciate your comment. Thanks for reading the blog. I hope you recognize your comment and the comments supporting Bruce Jacobs are the reason for the blog. To provide a platform to discuss these issues.

Anonymous said...

The brief reads like it was written entirely by Jacobs who just added Winker's signature block. And if you check the docket, Jacobs himself has been e-filing the briefs.

http://onlinedocketssc.flcourts.org/DocketResults/LTCases?CaseNumber=1602&CaseYear=2020

Ben Kuehne and Roy Wasson have withdrawn from representing Jacobs. Winker seems to be just counsel of record on paper so that Jacobs doesn't look like an abandoned and flailing pro se litigant, even though that's what he has effectively become.

AAF said...

Americans Against Foreclosures ( AAF ) has been fighting unlawful foreclosures and evictions since 2008. Keep up the good work. www.axj.nu

Anonymous said...

Lawyers against lawyers who file bar complaints against lawyers in Florida foreclosure cases (LALWFBCALIFFC) have been following this case very closely.

Anonymous said...

Judges concerned about judges who testify that lawyers who practice forfeiture defense should be disbarred (JCAJWTTLWPFDSBD)are also closely monitoring this situation.

Anonymous said...

Foreclosure cases are treated different from any other case. Take a look at the Calloway case and it’s progeny regarding the exceptions to hearsay. All of the foreclosure hearsay cases conflict with Yisreal, but hey the borrower didn’t pay their mortgage so it doesn’t matter if a bank uses fraudulent documents or fails to lay the predicate for any of the alleged prior servicer records. Look at the opinions on foreclosures from the Third. If the criminal defense bar thinks the PCA is abused in criminal cases, just check the cases on Wednesday’s and go through the pca’s. If s borrower wins, the cases get reversed, bank wins=PCA. Jacobs has unfortunately let the frustration get the best of him and apparently seeing the writing on the wall is not going to go down without a fight. While I don’t agree with it, I understand it.

Anonymous said...

Right but even if the bank made technical errors in how they signed documents the borrower didn’t pay the debt. And they aren’t going to prison. They’re just losing a house they didn’t pay for. Welcome to capitalism. A little different than a PCA in a life prison sentence case which we see every week.

Anonymous said...

"Right but even if the bank made technical errors in how they signed documents the borrower didn’t pay the debt."

Technical errors? Fabricating positions for anonymous clerical document processors to present them as vice-presidents of major banks and swearing under oath that they have personal knowledge of debts for which they have no knowledge whatsoever are not "technical errors." That is fraud and perjury.

The courts' attitude seems to be that if the defendant owes a mortgage, it doesn't matter who sues them or if who sues them can even prove they own the mortgage or fulfill the legal steps required to prove every other kind of debt. Any old plaintiff will do. Every owed mortgage must be foreclosed upon somehow!

Anonymous said...

"A little different than a PCA in a life prison sentence case which we see every week."

A little different, yes. But a PCA that consigns somebody to homelessness is not exactly a trivial nuisance.

Anonymous said...

Come on folks, we can't have lawyers talking like that. I's simply wrong. I have down right hated judges but, knew better than call them corrupt,

Anonymous said...

Exactly. This is the mentality that most judges have regarding foreclosures. What makes it different from a criminal defendant who is clearly guilty? We have a constitution and we have rules of evidence. Those should not be violated simply because a defendant is actually guilty or a borrower may not have paid the mortgage. What about statute of limitations? A harsh remedy, right? Applies in every case which is codified, even when there is a heinous crime, or a dr.’s negligence causes a death, but the courts carved out an exception in foreclosures as well. Banks, and second mortgages which were sold at Pennies on the dollar, are now foreclosing seeking interest for as far back as 2008. Some of those homeowners were given 1099’s to pay taxes in the written off loan when they modified their first mortgages. No bank to be found for years. Now banks are able to collect every single penny of interest, without any authentication of prior servicer récords and after the original banks received tax benefits for the write offs.
Jacobs approach is contrary tk what most would do, but having evidence of fraud and faced with most judges having the same mentality as 8:47, then getting sanctioned for raising the arguments, can drive many people to do things they wouldn’t normally do.

Anonymous said...

Guys really ? It’s a holiday weekend. Check out the bears. Zen.

Anonymous said...

"Guys really ? It’s a holiday weekend."

Oh, yeah. Heaven forfend that online mention of judicial failures ruin the mood for people who want to get drunk watching athletes get brain damage and then blow off their own hands with fireworks.

Anonymous said...

"Come on folks, we can't have lawyers talking like that. I's simply wrong. I have down right hated judges but, knew better than call them corrupt"

Judge Ciavarella and Judge Conahan were not available for comment.

Slinky PD said...

Um that may be your 4th weekend. Mine is a couple of Pilates and Yoga classes on south beach followed by kale coconut water smoothies. Yum . A day at my condo pool on Sunday (tip of south beach condo surrounded by people worth 9 and 10 figures. Yeah I’m a trust fund baby with a dad that runs a hedge fund and I’m a PD true believer).
Having friends over Monday. Figuring sushi and veggie sushi for the party along with champagne punch and some gummies.
Saturday night as I write this I’m watching a dvd of my fav La Traviata by the English National Orchestra. Not exactly athletes getting brain damage but I am sipping a Biondi Santi Brunello Di Montalcino DOCG Riserva, 2011. Costs more than you probably make in a week.
Chill and watch the bears dude.

Anonymous said...

"Chill and watch the bears dude."

Heaven forfend that online mention of judicial failures ruin the mood for people planning to indulge in overpriced alcoholic decadence that will probably lead to DUI's and other weekend conduct that will require some good old judicial corruption to sweep under the rug.

Anonymous said...

Exactly.

Anonymous said...

Reminded me of Al Pacino's "And Justice For All" circa 1980 or thereabouts, civil foreclosure version.

Anonymous said...


I have read at least one 3d DCA opinion that gave ample reason to get Mr Jacobs in trouble. What I saw in all his troubles is something that I have experienced: a lawyer who got enmeshed in his client's case, and utterly lost any perspective. Happily, I did not suffer any consequences from the Bar, but I have learned not to become enmeshed. Mr. Jacobs's practice put him in a position to become enmeshed in many cases; he needed to step away from the personal angst suffered by those who did not pay, and he has never been able to do so.
This is a danger that I think sole practitioners can especially succumb to. I have seen criminal defense lawyers who seemed to have taken on their client's case to a dangerous degree. No one forced the defendant to indulge in criminal behavior; the lawyer can only do his/her damnedest to get due process for the client.
Similarly, in foreclosure cases, into many of which I have delved deeply, the homeowner has failed to understand that they signed a contract, from which they got many dollars as their benefit, but they have to pay it back. If doing so means they have to take a second job to make those payments (as I have done), so be it.
I have great sympathy for the people who attempted to "modify" the terms, and were told, again and again, to re-submit documents they had already sent in. Relying on "modification" was never a good option, but even if it stalled collection, it was never a "get out of [payment] free card." Why would I care who holds the paper? It is on the homeowner to pay the mortgage; that responsibility never left him/her.
Important fact for Florida homeowners: let the credit cards go unpaid; all the creditor can do is get a money judgment. Always pay the mortgage; as a homestead owner, your home is safe from collection of such a judgment or any lien on your home; it is immune from forced judicial sale, under Florida's constitution. But non-payment of the mortgage removes that constitutional protection.

Anonymous said...

Non payment of the mortgage removes all constitutional protections?

What other area of law removes all constitutional protections just because the guy did it?

If cops and prosecutors can’t lie and introduce false evidence in courts under the constitution, why should banks get a free pass?

Anonymous said...

"Happily, I did not suffer any consequences from the Bar, but I have learned not to become enmeshed."

So you're better than Jacobs and the "enmeshed" lawyers because you learned not to care? Yeah, the court ignores lawful defenses and fraud and your client is railroaded, but your clients aren't you and so not your problem. It's your ability to make money from your clients' problems and then kick them to the curb without any concern on your part that makes you the superior and professional attorney.

Anonymous said...

The constitutional homestead protection does not apply to allow a debtor to fail to pay a debt secured by a mortgage. However, there are constitutional rights, like due process, which seem not to apply in foreclosure cases. And some judges have the same mentality regarding not caring about “who holds the paper”.