Florida AG investigation

It doesn't seem so long ago that we were hearing in the news about an investigation brewing regarding the widespread abuses and the general foreclosure crisis going on throughout the country. In particular, it was an encouraging sign that the Attorneys General across the country (including Florida) were finally standing up and preparing to investigate certain law firms that were at the center, fueling this crisis. It signaled a possible turn of events, which if propelled, could bring an end to the feeling of lawlessness that has been one of its key components.

In early October, this investigation hit an unfortunate speed bump. In a surprising turn of events, a Palm Beach County Judge ruled that the Florida Attorney General could not subpoena information regarding the practices of one of the state's largest foreclosure mill law firms.

In this ruling, the Palm Beach County Judge stated that it was the Florida Bar's responsibility to investigate possible violations that occur at law firms within the state, not the attorney general's office. Meanwhile, the Florida Bar's director of lawyer regulation has come forth and said only individual attorneys can be investigated by the Bar, and the Bar does not have the power to investigate entire firms. The obvious question remains as to whose responsibility it is to police those who seem determined to circumvent the law in favor of a quick and positive outcome.

Fortunately, the subpoenas directed to other foreclosure law firms have not been similarly quashed.  The fruits of this investigation remain to be seen, but hopefully something will come of it.  Stay tuned.