Tuesday, September 28, 2010

Florida Supreme Court powerless to freeze state foreclosures

Florida Supreme Court powerless to freeze state foreclosures:
"The Florida Supreme Court says it has no authority to freeze foreclosure proceedings as was requested by U.S. Rep. Alan Grayson in light of state investigations into three foreclosure law firms and allegations they submitted fraudulent foreclosure documents.

In a letter today responding to the Orlando congressman's request, Clerk of Court Thomas D. Hall said the court has no authority under the Florida constitution or court rules to intercede in pending cases on the basis of allegations of attorney misconduct. The court also has no authority to investigate allegations of fraud or misconduct in foreclosure cases.

'Allegations of fraud in particular foreclosure actions must be raised and adjudicated at the trial court level,' the letter states. 'Trial court errors are subject to appellate review.'"

NOTE: BOLD IS MINE and while I dont' want government telling businesses how to operate in general... fraud is fraud is fraud THE COURTS ARE PUSHING THESE THROUGH AS FAST AS POSSIBLE. most judges in Arizona are not considering the claims of fraud in forcible detainer or in temporary restraining orders.. very few are granted TRO's for upcoming foreclosures in Arizona.

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