tag:blogger.com,1999:blog-14162253.post2865717313927866655..comments2024-03-28T18:57:15.124-06:00Comments on Wash Park Prophet: Pre-Litigation Inquiry In Civil ActionsAndrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-14162253.post-89229596457829775452012-02-29T00:20:17.613-07:002012-02-29T00:20:17.613-07:00We should touch base. How ironic I investigate fra...We should touch base. How ironic I investigate fraudclosure and litigate all my own cases. I'm a former real estate developer/ investor that had our $3M bus. wiped out by hurricane Katrina. That led to digging into what was going on. 6,000 hours later, starting to get the answers. I stumbled onto this post while researching pre-complaint discovery in fraudclosure cases. Ironic your comment is on that very topic. We are also using Declaratory judgments first then moving to pre-complaint discovery. Seems a killer one-two punch. You are dead on. We are working in a dozen states in state, fed and bk court. This is huge. Pass this on to every homeowner. The 12(b)(6) or it's state equivalent is used every time so we needed to step back for better strategy to get to the all important discovery. todd@surefirehomeretention.com. Will gladly share resources, wins, challenges, etc. Great post, dead on.TWhttps://www.blogger.com/profile/05150712805804636211noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-54572452000319584852011-02-21T18:49:46.267-07:002011-02-21T18:49:46.267-07:00I'm in Florida which is currently undergoing a...I'm in Florida which is currently undergoing a civil war of sorts in the Court system...junk debt buyers and mortgage servicers filing totally unsupported cases ( we're a judicial foreclosure state )which in most cases has inadmissable documentation in the way of copies attached to the complaints and down- the-road manufactured "evidence" shows up later produced by the Plaintiff or their counsel, and legitimate attorneys and judges who still believe in Due Process, civil procedure and Rules of Evidence being followed.<br /><br />Perhaps as much as 80% of all Summary Judgments have fraud in them and are nullities under law.<br /><br />One of our largest foreclosure mills goes by the name Default Law Group !<br /><br />We are a state where documentation MUST accompany a complaint.<br /><br />Requiring obtaining evidence pre-litigation is becoming increasingly necessary. We are moving towards bifurcating cases into liability and THEN damages..two distinct suits, as well.<br /><br />Fortunately, civil actions can have preliminary discovery, however this strategy is still not commonplace and takes the form of extraordinary actions such as motions to compel, however my personal opinion is that causes of action for Declaratory Relief only, then rapid discovery might be more of a practical answer to placing some discovery before the final Complaint.<br /><br />I reserve the right to amend as facts become known and build the suit as the case uncovers itself, so to speak.<br /><br />What do you think...we have courts overwhelmed with filings and motions and it seems the system is creating more of it rather than reducing the labor of the bench..who often just stamp proposed orders without familiarity with the case - often by clerks just slipping orders in front of the judge at autograph time.<br /><br />We have perfected the Art of the Sloppy Practice of Law down here.Anonymousnoreply@blogger.com