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March

 

Recent Blog Posts in March 2011

March 03, 2011
  Another Bank Halting Foreclosures
Posted By Law Office of Conrad Willkomm, P.A.

More on a continuing investigation.

Another bank halting foreclosures, and this time it's Europe's largest.

HSBC is taking a closer look at the paperwork on thousands of foreclosures after a federal investigation found its documents lacking.

This is what attorney Todd Allen with the firm Conrad Willkomm has been telling 4 In Your Corner for months as he ran up against the Rocket Docket - Lee County's accelerated foreclosure court:

"It gives me another thing to take to court and ask the court to slow down. I'm afraid the message won't get to the bank's attorneys in time to slow it down, so we can go back and take a second look at this. Unfortunately the rocket docket is such that we're at the mercy of the court."

At the very least, Allen says homeowners could get a second chance to make a short sale happen, work out a deal with the bank or even take advantage of some government programs.

He's just not optimistic that could happen in Lee County.

Continue reading "Another Bank Halting Foreclosures" »

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March 03, 2011
  Lee County "rocket docket" money running out
Posted By Law Office of Conrad Willkomm, P.A.
http://www.nbc-2.com/global/Category.asp?c=170893&autoStart=true&topVideoCatNo=default&clipId=5621456

LEE COUNTY: Free state money for Lee County's "rocket docket" program, which is designed to get foreclosure cases through the system faster, is set to run out in three months. But some say that's a good thing.

Attorney Todd Allen doesn't mince words. He says he spends about 80 percent of his time handling foreclosure cases and believes the rocket docket has been flawed from the beginning. 

"It's a judicial nightmare, it's broken, it was never meant to work," he said. "Due process rights are violated left and right."

It's a strong accusation that the judges don't take lightly and are quick to defend. 

"All of procedural requirements and due process requirements are being followed and I think effectively so," said Judge Michael T. McHugh.

Some frustrated homeowners are critical of the process - even throwing personal attacks against senior judges. 

"I think it's really doing a disservice to them to disparage them and say they aren't able or capable to handle cases because they clearly are," said Judge McHugh.

He says without them, other court cases would come to a stand-still. 

"Our personal injury, business contract cases, your commercial foreclosure, whatever type of civil case isn't going to be heard or at least delayed," said Judge McHugh.

Last July, the state gave Southwest Florida $425,000 to pay for case managers, magistrates, and senior judges who do nothing but hear foreclosure cases. That money runs out in June

"The objective was to stabilize the market by getting foreclosures down and we've done that," said Lee County Clerk Charlie Green.

Green says the numbers prove it's working.

The highest number of filings was 2,600 in October 2008. In last month 341 were filed, numbers that both sides hope continue to go down.

By Stacey Deffenbaugh

Continue reading "Lee County "rocket docket" money running out" »

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March 03, 2011
  HSBC halts foreclosures in U.S.
Posted By Law Office of Conrad Willkomm, P.A.
Attorney Todd Allen commenting on the recent move by HSBC Bank to halt foreclosures in the U.S.

http://www.naplesnews.com/news/2011/mar/02/european-banking-giant-halts-foreclosures-us/

The temporary suspension means local homeowners being sued for foreclosure by HSBC may have more time to work out their cases. Naples attorney Todd Allen said the move could give him some breathing room in a foreclosure case being rushed through Lee Circuit Court.

"I'm hopefully optimistic it will give us another chance to delay the trial and look into the documents they provided," Allen said.

Continue reading "HSBC halts foreclosures in U.S." »

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