Due Process Requires Higher Scrutiny of Every Lender Lawsuit Defended

Reports show that in Florida, and South Florida specifically, foreclosures continue to soar even as the national picture shows a bit of improvement.  Not surprising when you dig into the data and realize that while home mortgage debt increases,  the median income remains virtually unchanged in constant dollars.

Those of us directly dealing with the mortgage foreclosure crisis, are seeing the damage coming out of the “free money, easy credit” era that banks perpetuated and now investors, homeowners and, especially, the middle-class are paying for over and over again.  Whether through taxes (think “TARP”), upside down mortgages, devalued homes, terrible credit scores, deficiency judgments, or ultimately, bankruptcy, people are paying the price in droves.  And lenders?  They keep foreclosing when modifying or short-selling is the most obvious course of action.

As for those affected by the crisis directly, that only means those with the capacity to fully appreciate the monumental, long-term negative impact of being foreclosed are truly going to survive in the best shape.  The rest will have the albatross of a deficiency judgment thrust upon them, either immediately or, under Florida law, within 5 years of being foreclosed upon.  Then, they’ll have the weight of a judgment against them for 20 years, with all sorts of collectors thinking of creative ways to collect and thereby, serve to keep the misery going.  Ultimately, many will be pushed to bankruptcy which, of course, only means they carry the stain of bankruptcy for 10 years on all their credit reports.

It does not have to be.  As an officer of the court, I have an ethical obligation to be truthful, fair to opposing counsel, help expedite litigation properly, and only bring meritorious claims.  I can assure you, whether through the clients I have, the cases I’ve counseled on with other colleagues, and/or the overwhelming amount of public and anecdotal evidence available, there is no shortfall of true, fair, legitimate, meritorious defenses and/or counterclaims that should be litigated in the courts to ensure that foreclosure defendants’ rights are protected, all defenses are raised, and “due process” is ensured so the legal system works as intended.  By obligating lenders to “prove their case”, you assure the burden is where it belongs –  the plaintiff – and insure the scales of justice start out equitably balanced.  Expediency or overloaded dockets should never replace this core principle of the legal system.  Considering the amount of missing notes, forgeries, fraud in the process, and failure to follow basic corporate law, “due process for all” demands a higher level of scrutiny from all judges and the legal system for every single foreclosure case that is filed and defended.  This would be in keeping with the latin phrase that serves as a foundation for the legal system: Justitia omnibusJustice for all.

Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys Stephan LopezMelissa J. UlloaPhillip A. Ortiz and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993  Se Habla Español.

Visit our firm website ReyesLegal.com and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324


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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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