Wednesday, March 2, 2011

Judges accused of 'predetermining' foreclosure cases - News -

Judges accused of 'predetermining' foreclosure cases - News -
 "The threshold is minimal," he said. Lenders must follow two rules: Bring all required loan documents to the mediation; have someone available who can approve loan adjustments. Hafter argues failure to follow either rule is sufficient for such a finding. While the mediator found the lender failed to comply with the law, Mosley did not make a bad faith finding. UNLV's McAffee believes the judge might have engaged in judicial activism in making that determination. 'So much power' "It's bad policy to give a judge so much power," McAffee said of loan modifications. "But to just say you're not going to because it would be too big a hassle is certainly not at all deferential to the Legislature. I think it's judicial activism when a judge says, 'I don't like it. So I'm just not going to do it.' "
I wonder what the legislature will do when they hear of a judge being so biased.  The judge is actually perpetuating the problem that mediation was meant to fix. 
Lawmakers created the Nevada Foreclosure Mediation Program in 2009 and tasked the Supreme Court with implementing and managing the program, which continues to evolve.

The high court has tweaked the rules several times. The latest changes were announced Wednesday following a recent public hearing.
The new rules expand the time allowed to file for a judicial review of a failed mediation from 15 to 30 days. They give homeowners more control over their mediator and allow them to hire attorneys to represent them at mediations
The endgame is to keep people in their homes -- and able to pay the mortgage.
Sounds like a great plan but the banks and lawyers are abusing the system to take even greater advantage of homeowners.  The Lawyers are running over the mediators and pushing them around at will.  The proper documents are not being shown to the home owner or the mediator and the lawyers for the home owner collect 2500 for an hour of work regardless of the conclusion. 

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