Solos/Small Firms
Alert Solo Catches Clerk’s Error, Derails 200 Christmastime Evictions
Posted Nov 28, 2007, 10:10 am CDT
By Debra Cassens Weiss
More than 200 Florida homeowners facing foreclosure got an early Christmas present from an alert Miami solo—the ability to remain in their homes through the holiday.
Solo Scott Jay was discussing a partition case with co-counsel when he noticed a problem: A clerk had inadvertently counted Veteran’s Day in the five business days that must pass after the second published notice warning of an upcoming foreclosure sale.
Jay and his co-counsel, Fort Lauderdale lawyer Kenneth Jones, notified the clerk’s office of the error, spurring the cancellation of all Miami-Dade foreclosure sales scheduled for Nov. 14 and 15, the Daily Business Review reports. The sales have been pushed back four to six weeks. Because homeowners get an additional 10 days after foreclosure to leave, they will likely be able to stay put through Christmas.
“People who were looking at being out Thanksgiving and Christmas aren’t going to be out," Jones told the legal publication.
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Comments
Posted by Sylvia - 8 months, 2 weeks, 6 days, 9 hours, 41 minutes ago
What a great story. Thanks Mr. Jay.
Posted by Kenneth Krasny - 8 months, 2 weeks, 6 days, 8 hours, 55 minutes ago
Why was “Solo” used in the article. Was it to imply that non-firm practitioners are somehow lesser lawyers?
Posted by Charles W. Skinner - 8 months, 2 weeks, 6 days, 8 hours, 5 minutes ago
I think that “Solo” was used simply being used as an adjective. I don’t think that it was meant to imply anything other than that this attorney wasn’t a member of a firm. It sounds like the writer was trying to emphasize the impact that one attorney can have on so many people’s lives.
Posted by Monisha - 8 months, 2 weeks, 6 days, 7 hours, 25 minutes ago
I believe the use of “solo” in the article is to emphasize the fact that non-firm practitioners can sometimes be better lawyers....... (I like this identification the ABA Journal makes, solo, big firm, midsize, etc.) I see they really tell us that there is no one way to be a good lawyer.
Posted by Steve S - 8 months, 2 weeks, 6 days, 7 hours, 21 minutes ago
And now that we’ve successfully taken attention off the human story of this piece…
Posted by RC - 8 months, 2 weeks, 6 days, 2 hours, 46 minutes ago
Looks like a lean Christmas for the people whose money was lent to the “homeowners” in this story. After spending months to evict the people who were not paying their bills and reclaim some of their investment, the people who saved, struggled, worked and sweated to EARN the money that was loaned to the “homeowners”, will have to suffer additional losses and wait a few more months to have any chance of stopping the bleeding. The folks who were not paying their bills cheer as they get to live another month or two without paying back the money they chose to borrow. The people whose money is lost are left to suffer because a clerk miscounted a day. Here is the real question, did any of the “homeowners” need the extra day to pay their bills or restructure their loans? Did they even try? Are they going to use this additional time to become current? I hate to see anyone without a home over the holidays but it took a long time and a significant number of bad decitions to reach the point of foreclosure.
Posted by tim - 8 months, 2 weeks, 6 days, 40 minutes ago
Given that banks are one of the three most profitable industries in America, RC, (oil, banking, insurance), I think they will make out fine. Way to be a Scrooge, though, because without those mortgage payments, Chase won’t be able to dole millions in bonuses to its directors again this year....
oh, sure they will.
And, by the way, your last line about hating to see anyone without a home was so disingenuous as to boggle the mind. We see where your dreams lie. I mean, what happens if a Countrywide shareholder can only buy little Haley and Kaitlyn a Camry this Christmas and not a Lexus. I hear you, RC, who is thinking of THOSE children?
Who is thinking of the people smart enough to dodge liability by establishing a corporate interest, rather than some white trash hick who bounght a McMansion he couldn’t afford? Someone has to protect the powerful versus the little. it’s good to know you’re out there!
Posted by Reason - 8 months, 2 weeks, 4 days, 23 hours, 7 minutes ago
I may be slightly late on this comment, but I could not resist.
Mr. RC comments, “[t]he folks who were not paying their bills cheer as they get to live another month or two without paying back the money they chose to borrow.” Ah yes, those crafty borrowers have really outdone themselves this time! Living the good life while poor fools like ourselves suffer.
Just about none of those people planned on borrowing money and not paying it back and I am sure they would if it were possible. Granted, the reason they may not be able to pay the money back could be their fault, but, on the other hand, it may not be. Even assuming the former, please try to have the slightest bit of compassion for people who will be kicked out on the street.