Why Foreclosure Judges Should Go To More High School Homecoming Football Games
Sat Oct 2, 2010 by Oppenheim Law on Bank Fraud, Florida Foreclosures, Florida Law News, Foreclosure Fraud & Roy Oppenheim
Last night was a truly special night. It may have been the highlight for me as a Dad! I was my daughter’s escort as she was a finalist for High School Homecoming Queen.
The game was close for most of the night and down by a touchdown. It was late in the fourth quarter. And then the big play came in; the quarterback threw from about the 35-yard line to the team’s star receiver in the end zone.
But wait. There were a series of flags and the refs called offensive pass interference and two personal penalties. The receiver had pushed himself off the defensemen propelling him into a position to catch the ball.
The Verdict: Touchdown does not count and the ball was placed back 30 yards further down field. The refs did their job and the fans accepted their fate.
Banks cheated, did not play by the rules
That’s when it all clicked for me. The banks cheated when they filed their foreclosures. They did not play by the rules. And the refs did not have the backbone to protect the integrity of the game.
If you check the “game” rulebook that is the most important function of a judge: To protect the integrity of the judicial system. Not to show favoritism, to remain impartial, and to be fair.
What the GMAC, JP Morgan Chase, and Bank of America Foreclosure Fraud crisis is demonstrating to the world is that when the judiciary does not apply the rules fairly they can jeopardize the integrity of the game.
Had last night’s and previous penalties not been properly called, football as we know it, would not be the most popular spectator sport in the US.
It is the RULES that we all know and respect! The new video replay ref is an added form of protection to ensure that no illegal play is permitted to go forward in the game. What a PR problem it would be to allow 250 million people to see a bad call on TV and YouTube!
So why did the judges who are all licensed attorneys and have taken various oaths of office allow this spectacle to happen? The answer is plain and simple. They were playing to the home team fans as opposed to their professional obligations. In this case the home team was the banks, their attorneys and a governmental apparatus that wanted the foreclosure cases disposed of as quickly as possible at all cost.
Who cares about the rules or about offensive pass interference? That receiver last night would have caught the ball anyhow, is what until days ago the judges were saying. I say NO!
Let’s hold the judicial system accountable
As avid sports fans and members of a democracy viscerally understand RULES count and playing fair is a hallmark of our system. I think we need to hold the judicial system accountable.
I don’t want to hear the excuses. I couldn’t see the play; my line of sight was blocked, I was afraid that if I called the play according to the rules, the game would go into over-time; it was unwritten not to enforce certain rules; or better yet, I am not in good-enough shape to run up and down the field. Or come on… you don’t really expect me to count the number of players on the field?
Let’s be blunt: the judges were co-opted by having “rocket dockets”
The judicial system was expected to become the private collection agencies of the banks. The judges assumed that the banks and their attorneys would not cheat. All across this nation the judges were caught sleeping in the drivers seat. Time and time again homeowners were denied their procedural due process rights to present evidence and confront the banks.
May I respectfully suggest that our esteemed judiciary spend a little more time with their sons and daughters at Friday night high school football games and ask themselves what would happen if they kept making bad calls all night, every game?
Roy Oppenheim
From the trenches
P.S.
I continue to help Florida homeowners learn more about developing stories concerning bank fraud like today’s Sun Sentinel story and also last night’s CBS Investigative Report headline Mortgage Foreclosure Nightmare. I will focus on mortgage foreclosure bank fraud in my foreclosure defense workshop on Wednesday October 6 at 6pm.
good call
I can relate all to well. My circumstances are different from most in these days. I am dealing with foreclosure because of a vengeful ex wife who refused to make payments and was going to abandon our home. I found out and recieved a court order to regain “custody” of our home. However, even while I was talking with CHASE, they were filing foreclosure papers. When I went to court expecting to speak and work something out, I was devastated when my case was called and the Judge actually looked upset that I had shiwed up. It seems I disrupted the process by actually showing up and disrupted his rubber stamping of cases. he seemed even more upset that I was willing to fight to keep my home and ultimately did not allow me to speak and treated my case as all the others where no one showed for court and let the Judge allow the bank to take their home. I did eventually get the chance to “try” to work with CHASE but after 2 years of misleading and lying they did what they are best at…stealing peoples homes and dreams. I am in the end fight whic seems hopless but I will not go down without a fight..most frustrating was when my attorney would not go to bat for me going so far as to tell me there was no way anyone would go up against someone like CHASE. So now I am on my own.
James D. Shultz
stockcarracer59@gmail.com
[…] after close to three and a half years of pleading with judges and telling them what was wrong and how they were being duped to become a private collection agency for the banks when the banks had taken advantage unduly of […]
[…] after close to three and a half years of pleading with judges and telling them what was wrong and how they were being duped to become a private collection agency for the banks when the banks had taken advantage unduly of […]