“They’re More Like Guidelines . . .”

I continue to get foreclosure clients at various stages of the ‘process’. Very rarely, these days, do I start with someone who just got served or, best case scenario, someone who knows they are about to go into foreclosure and wants to plan their response.

There are a lot of reasons for this, every one of which I understand. And will probably write about in the near future.

The ramifications of this trend have really hit home over the past month or so. Recently, I spent a morning in court for a “short-calendar” day – that’s a day devoted exclusively to motions concerned with various stages of foreclosure actions. There were a little over one hundred items on the docket. One hundred decisions that a judge had to make.

Besides myself, the judge, clerk, and marshal, there were eight other people in the room. For One hundred motions. Two plaintiff attorneys representing the banks (yes, they had every case) and six defendants there to speak up.

There are two sides to every argument, but only if two sides show up. On that day, out of one hundred plus motions, the judge heard seven arguments. Ninety-three plus motions were decided by default judgement.

Connecticut state courts are jammed with foreclosure cases. It’s a sad fact and it’s not going to change anytime soon.  When overwhelmed by work, it’s basic human nature to shortcut the workpile – especially the tedious.

Any fan of Pirates of the Caribbean can tell you what happens next:

The code becomes more like guidelines instead of rules‘. I can do a lot of good at any stage of the process, and I do – but when I come in after the rules becomes guidelines stage I come in with less ammunition that I would have earlier in the process.

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