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Lawyer accuses judge of bias in foreclosure mediation cases
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LAS VEGAS REVIEW-JOURNAL
Claiming bias in favor of mortgage lenders, the attorney for a judicial candidate who will lose his home to foreclosure accused the judge hearing the dispute of violating judicial ethics. On Friday, Jacob Hafter sent Judge Donald Mosley a six-page letter requesting the judge disqualify himself from presiding over all foreclosure disputes as the sole judge in Southern Nevada assigned to hear them.
Hafter said he believes the judge favors lenders and in doing so Mosley undermines the goal of the Foreclosure Mediation Program, which is to help troubled Nevada homeowners stay in homes.
"He (Mosley) is biased against the homeowner," said Hafter following the hearing. "What you saw today is the failure of the Foreclosure Mediation Program."
Mosley, in a Friday interview, said that "if a judge rules against you, you're supposed to appeal it, not accuse him of violating judicial ethics.''
Hafter and his client, longtime attorney and Family Court candidate Carl Piazza, will appeal Mosley's decision. Hafter said he will ask the Nevada Supreme Court to stop the foreclosure until the case is decided.
Hafter and attorney Gregg Hubley, who represents CityMortgage, engaged in heated exchanges throughout the hearing. Hafter alleges the lender acted in bad faith. Hubley said mediation was destined to fail.
From Hafter's perspective, the most egregious complaint against Mosley is the judge's decision never to modify a home loan from the bench, even though the Legislature gave courts that power when they created the foreclosure mediation program and gave it to the Nevada Supreme Court to manage.
Mosley said that shortly after he and Washoe County District Judge Patrick Flanagan were chosen to hear foreclosure matters they determined the Legislature's approach was unconstitutional.
"You can't take people's property without due process," he said. "The Legislature gave us authority, but we judges determined it was not constitutional. You can't just wave a magic wand and start taking money from people."
In court, Mosley indicated modifying loans would be burdensome as well.
"It would be a nightmare," he said. "We'd be here until late at night and I'm not doing it."
The judge's admission prompted Hafter to suggest the judge was in violation of "numerous" judicial rules of conduct.
"If we look at everything the banks have done to Mr. Piazza, why not make them negotiate in good faith?" Hafter said.
"What makes you think I'm going to give them the (foreclosure) certificate," Mosley responded. Hafter apologized for his earlier comments.
A few minutes later, the judge declared the lender could go forward with the foreclosure even though Hafter, Piazza, and Hubley agreed to a second attempt at mediation.
At the heart of the matter is Piazza's $800,000 mortgage on a home now valued at $350,000. Piazza did not speak during the hearing, but afterward said he had trouble making the roughly $5,000 monthly payments after he underwent five-way bypass surgery in February 2009. A sole practitioner, Piazza said he had no income and had virtually depleted his savings while recovering .
"The mortgage went unpaid,'' he said, adding that his lender told him he had to stop making payments before they could help modify the loan. "They didn't do that, Your Honor," said Hafter. "They didn't help him. They hurt him."
Hubley argued that mediation failed not because the lender acted in bad faith as Hafter alleged.
Hafter has made inflammatory comments in the past and is currently subject to Nevada State Bar discipline for statements attributed to him during last spring's primary campaign. He said he fervently believes the judge is openly unwilling to remain impartial.
"Your repeated and open remarks about how you have predetermined your rulings in these judicial review cases may have violated the rights of all of those who came before your court in the past and significantly jeopardizes the judicial process of all the people whose cases are pending," he wrote in his request that Mosley step away from the case.
Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-224-5512 or read more courts coverage at lvlegalnews.com.
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WOW-Nevada Born has spoken.Maybe his words and knowledge along with others will be heard some day.
Its common knowledge that Mosley is having health issue his Memory is fading his aids have to continuously prompt him he fails to rule on issues then makes comments as if he had He needs to have some type of Check up HE IS SHOWING EARLY SIGNS OF ALZHEIMER disease
Mosley rulings are based on his own agendas and he appears say the hell with the law or the legislature that passes the law!!!
Since when do a couple of Judges determine what is constitutional with out running it through the process????
Mosley makes more decisions that are Un constitutional than any other Judge!!!
Mosleys comment about appealing a decision is indicative of his thought process ( Appeals take years and thousands of dollars ) This Judge needs to be held accountable!!! he is in BED with the Prosecutor at every level!!!
Regarding the video, Mrs. Nathan says she's going to create...the courts do not have the budget, it won't allow for it. Does she intend on using her own money? I doubt it! This all sounds like a "Pie in the sky to me."
If you had a case in family court, call an attorney and ask whom he/she would want to be in front of. Overwhelmingly they will all say Carl Piazza!
I have retained a partner in Carls office this last 1.5 years. I have met Carl multiple times.He is a stand up person.His opposition in the race is a person who was run out of court by me and my counsel[in family court, dept. C] some 11 years ago is a person of greed and has a big mouth.Mosley -how about a look at the jury missconduct in the Gilbert trial, A. Go get'em Carl, on all fronts.
Carl Piazza's attorney, not Carl Piazza accused the judge. Let us not confuse the two. I know Mr. Piazza pesonally. He is very respectful, professional, helpful, knowledgeable, sincere, fair and kind in all his dealings...whether in the courtroom or in his personal life. I find it in bad taste to try and smear Carl Piazza's name and character this close to the election! Tsk Tsk Tsk
It looks like the Piazza family has been hit by hit by the downturn in the economy like 70+% of the homeowners in Las Vegas and across the country. The differance is that Mr.Piazza is smart enough and strong enough to fight the mortgage company to keep his home in court. I support his efforts to get his fair day in court and pray things work out for him and his family.
Wake up and smell the economy burning! Why should an attorney, and accountant, a bricklayer or a senior citizen be immune from the economic downturn? Has anyone seen the Today Show or the national news lately? Ever heard of mortgage lenders committing fraud? I applaud Mr. Piazza and his attorney's attempt to make the courts abide by the law. Shouldn't judges try to use some common sense? Go figure!
secrets-exposed, you are a dirtbag for not sticking to the SUBJECT but filling this section with UNRELATED private/domestic matter. Same goes for others like you on here, like Joker Joanne.