vettegirl Posted August 28, 2013 Report Share Posted August 28, 2013 In Hillsborough County, FL my case has been moved from a very reasonable and fair judge to "Division N", which is retired judges who have been recalled to clear the dockets. I have been lucky enough to draw a judge who is either senile or in the pocket of the mortgage lender. In June I went to trial - I argued the case was not at issue because I had several unheard motions on the docket. He basically told the PA that he needed to humor me and schedule a hearing and then she could "get what she wants". A few weeks ago this hearing happened...or at least I think it did since he told me at least three times I "could not state anything for the record because there was no record", that my case had never been to trial, that he would not hear my motions, did not care if the Plaintiff had the original Note or Mortgage because "I foreclose without that every day" and "if someone lent me money they had the right to be repaid" and that "he knows the PA personally, he is a good guy with my best interests at heart and I should do as he says". WTF?? It's been 3 weeks now and there are no rulings on my motions. The PA is trying to force me into mediation. Do I file something to force the judge to hear my motions, or let it ride since if they try to go to trial again the case is still not at issue? Do I file to compel discovery of the Note? And most importantly, is it advisable to file a motion to remove this judge, or am I likely to create more bias, or end up with someone worse? BTW, he is a retired criminal court judge - not a civil court judge experienced in foreclosures. Link to comment Share on other sites More sharing options...
nascar Posted August 29, 2013 Report Share Posted August 29, 2013 Do you have any access to counsel in your area? If you don't mind, and you can PM if you like, could you identify the plaintiff's law firm? Link to comment Share on other sites More sharing options...
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