Legal Commentary

Demonizing The Rule Of Law

By Big Tent Democrat

Via Atrios, Naked Capitalism discusses the new PR push in the foreclosure fraud scandal - the Wall Street Jorunal "reports" that it's all those damn lawyers' fault:

Let’s parse some sections of the article, starting from the top: "The paperwork mess muddying home foreclosures erupted last month. But the legal strategy behind it traces to a lawyer’s gambit in 2006 that has helped keep one couple in their home six years beyond their last mortgage payment."

[. . . T]he efforts of various attorneys who have been chipping away as aspects of this problem are incorrectly lumped together, as if there was really only a single, simpleminded strategy, a mere “lawyer’s gambit” which by implication, was copied by other low life attorneys. And this effort was to keep a deadbeat borrower illegitimately housed. Funny, this James Kowalski, the attorney behind this dastardly act, did what members of the bar normally do (at least if they are competent): they look for weaknesses in fact and law in the case presented by the other side. And part of the process involves, stunningly enough, depositions! Kowalski’s evil deed was that he was early, perhaps first, to find a robo signer, back in 2006.

(Emphasis supplied.) What the plutocrats are demanding, and what the Obama Administration seems to be accepting, is a continued moratorium on the rule of law and due process. It is a disgrace.

Full Disclosure, I am one of the demon spawn lawyers involved in foreclosure cases representing homeowners, and am speaking for me only

Full post as published by TalkLeft on October 21, 2010 (boomark / email).