Tuesday, September 8, 2009

Florida Judge Removes Himself From Foreclosure Case After Making Intemperate Remarks To Lender's Attorney Who Missed Several Court Hearings

In Volusia County, Florida, the Daytona Beach News Journal reports:

  • Tensions over how some lawyers from far and wide are handling large numbers of foreclosures for banks came to a head in DeLand on Monday when a veteran judge removed himself from a case after complaints about his comments [to bank attorney Farzad Milani].(1) Circuit Judge John Doyle, who has been hearing a growing number of foreclosures in West Volusia since he was assigned the mortgage dispute cases in January, was asked to step aside from [one] case [...].

***

  • The judge explained Monday about 20 percent of those losing their homes were showing up in court, but some attorneys representing the banks weren't. The result would be canceled or delayed hearings. [...] Like other local judges, Doyle was allowing attorneys representing banks from across the state the option to "appear" by telephone, but sometimes they wouldn't answer his calls. [...] He said many of the firms representing banks, which he called "foreclosure mills," hire young attorneys fresh out of law school who handle cases for a flat fee. "They are being trained that it's not a big deal to miss a hearing," the judge said. "Well it is, and if you miss one, relief will be granted against your client."

  • After the incident with Milani last month, the judge decided to stop allowing hearings by telephone in the 3,000 pending foreclosure cases before him. [...] Milani missed several hearings and could not be reached by phone when called, Doyle said. "He was the fellow that broke the camel's back." [...] It will be up to another judge to decide whether Milani should be held in contempt for not showing in court.

For the story, see Judge steps down in foreclosure case.

(1) At an earlier hearing, the judge told attorney Farzad Milani, who was representing the bank, "that he would not do his work while (Milani) sits in his office in Fort Lauderdale smoking his Cohiba cigars and drinking his lattes," according to court records. Doyle also told Milani, according to motion for the judge's recusal filed in court, that he was going to "make an example of him and do whatever he could to have him disbarred." Attorneys for Milani said the judge made "inferences of a racial or ethnic bias" against Milani.

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