Jose Baez Both Homes in Foreclosure

[faefrost]

The bill could have been for one of JB's past cases, Nilton Diaz or George Gant maybe?

http://www.wesh.com/news/17030505/detail.html

The good doctor's a pathologist, isn't he? I thought those other cases of JB's all lacked the element of a dead body? In one it was a crooked mayor and doctor accused of sexually abusing 2 patients, on the other it was a kidnapped child, but the child was recovered alive and unharmed. Has JB done any other murder cases under his own practice? I thought his only prior murder experience was when he was working for another lawyers firm and assisting?

And the timing on this one would be about right for when Caylees remains were found.

 

[faefrost]

Ooooh! I just re-read the WESH article and saw this:

Deen said the new law, enacted this year by the Florida legislature, was enacted in response to the Anthony case.

http://www.wesh.com/caseyanthony/24442681/detail.html

Looking at the way the law seems to work, I can see a logical compromise that I suspect HHJP will most likely do. JB is a paid attorney of a now indigent client. While he was paid, it is insufficient to stave off his own financial troubles. Under state law JB cannot be cut loose since he has received payment for service. The obvious solution is have JB accept the scale normal fees of a state appointed public defender. JB gets paid enough to survive his hardship as part of the indigent program and finish his case. Probably cheaper than redoing everything to date, or dealing with a mistrial.

 

[Gypsy Road]

Hey..."We" didn't lay out his personal info out there - it's public record!!! And he did this to himself. And I'm sorry, but I have no sympathy for him. He deserves some of the ridicule he's getting at this point. He's had a history of sketchy fiscal behavior (being far behind on child support for example). And what kind of person takes fancy European vacations when they can't make their mortgage payment to the bank for the house they currently live in? Just my opinion. I'm not trying to tell anyone how to live their life, but the consequences of things like this happening are greater when you have your priorities mixed up!

 

[nums24]

Hey..."We" didn't lay out his personal info out there - it's public record!!! And he did this to himself. And I'm sorry, but I have no sympathy for him. He deserves some of the ridicule he's getting at this point. He's had a history of sketchy fiscal behavior (being far behind on child support for example). And what kind of person takes fancy European vacations when they can't make their mortgage payment to the bank for the house they currently live in? Just my opinion. I'm not trying to tell anyone how to live their life, but the consequences are greater when you have your priorities mixed up.

The funny thing is I was actually researching what other cases he has pending where is he listed as an attorney, but I hit the wrong search and my jaw dropped when I saw the lis pendens.

 

[AlwaysShocked]

Here in Western Pennsylvania, we never had the high rate of "value increase" in real estate that areas like Florida had, so we have not had as much loss of value. Some, but not too bad.

I do want to point out, though, that sites like zillow are often way, way off on their values. They have a tendency to use the tax assessment value of a property and around here at least, that figure is often much lower than actual market value as determined by sold comparables.


Here in Allegheny County (where Pittsburgh is located) real estate assessments have become a huge political issue. There have been several court cases over the past few years regarding the methods used for determining tax assessment values. And we are now due for a court ordered county-wide reassessment within the next year or so.

Best to use sold comparables of like properties, and they are not always located next door or even on the same street. Plus, unless Jose somehow took some money away from the closing table to put into his pocket - and that is not an easy or necessarily legal thing to do - he may have overpaid for that house when he bought it.

 

[john's mom]

I haven't read this whole thread, but I have a question...

Since KC is now indigent, and Baez didn't ask for payment when he was at the indigency hearing, can he ask now? It's obvious he's got money trouble. He's losing his house. Can he now go and say he needs to bill for his hours? OR Can he not ask for payment for his hours because he didn't keep records of his billable time?

 

[nums24]

Good job in your search for information.

The "filing of a petition for creditor relief on behalf of an attorney", isn't that in relation to client's trust accounts,; or am I reading that wrong?

I found something else from the Comments Section:

RULE 4-8.4 MISCONDUCT

http://www.floridabar.org/divexe/rrtfb.nsf/FV/0B6C8E5CDCA464D685257172004B0FBD

Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return. However, some kinds of offense carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving "moral turpitude." That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of rule 4-1.2(d) concerning a good faith challenge to the validity, scope, meaning, or application of the law apply to challenges of legal regulation of the practice of law.

 

[Cher352]

Not sure if this has been brought up but I think Baez is only doing what so many others in here in FL are doing where property values have fallen dramatically. Let the house go into foreclosure intentionally as financial strategy rather than the inability to pay.

According to what I saw tonight on local news, he brought the house several years ago when the housing market was up for $670K, still owes $600K but current value has fallen to $400K. It will take years to regain the value he owes on it and to sell it he would have to take a $200K loss so he just lets it go back to the bank. The way the property values were jumping here 5 yrs ago he probably thought he would make $200K off the house not lose that amount.

Don't know about the rest of the nation but this is happening a lot here and that is why the banks are in such trouble. People are no longer looking at bank loan obligations the way our parents did, now it is about about making a buck and are looking at home loans like they do the stock market...if you investment is losing too much just pull out and invest in something cheaper. Right now that $600 Baez owes on this one house will buy him and even bigger and nicer house than this one and he will be able actually make money off on when the market goes back up..

I don't agree but people are doing this with even houses that have not lost near this much in value.

 

[nums24]

I haven't read this whole thread, but I have a question...

Since KC is now indigent, and Baez didn't ask for payment when he was at the indigency hearing, can he ask now? It's obvious he's got money trouble. He's losing his house. Can he now go and say he needs to bill for his hours? OR Can he not ask for payment for his hours because he didn't keep records of his billable time?

I don't think he can JB was a privately retained attorney, he has already received more money for his fees then he would have if he were court appointed.

 

[Cher352]

Not defending JB on this but alot of people especially in Florida and other areas hit hard by the housing crunch are foreclosing on there homes. Mainly because the market value of the home is currently well below the loan value. So some have decided it's not worth it to pay on a 600k home when its current market value is only 400k to 300k. Some areas have seen dramatic hits to home values because the values were so artificially inflated before the market took a nose dive.

Also if you want to negotiate new terms with the bank alot of times they will not even begin to negotiate until you default. Some advice I've heard is to let your home default and begin the foreclosure proceedings and then negotiate. The bank doesn't want the home especially with the market the way it currently is. So the bank at that point may be willing to give you a sweeter deal.

I do however still find it humorous that JB isn't paying his bills.

Just read your post..same point really. A lot of people are taking advantage of the foreclosure frenzy. Yes, banks are lowering existing loan rates and even taking money off what is owed to get people to stay in their loans. The loser in this situation is people that have any savings invested in the banks. Once again the honest people get the shaft and and the unscrupulous people win.

 

[mitzi]

Looks like besides the adjustable rate, they also had a balloon rider and a prepay rider in the mortgage paperwork. OUCH!

My daughter recently found out that they had a balloon rider on their smaller 2nd mortgage. The realtor or the mortgage company did not explain this to them and they actually were shocked when they found out that in this coming December, they had a $25,000 balloon payment. I 'm sure that it was in the fine print, but they apparently didn't catch it. The mortgage broker had told them that it was a 20yr. mortgage....not a 5yr. balloon. So people can get taken if they don't read the fine print.

Of course, with Jose being an attorney, I'm sure he was aware of what he was signing up for. He seems to have bought more house than he should have, and not looked at the big picture. $4,600 is an outrageous amount for a monthly mortgage payment...he shouldn't have been so greedy!

 

[logicalgirl]

Not sure if this has been brought up but I think Baez is only doing what so many others in here in FL are doing where property values have fallen dramatically. Let the house go into foreclosure intentionally as financial strategy rather than the inability to pay.

According to what I saw tonight on local news, he brought the house several years ago when the housing market was up for $670K, still owes $600K but current value has fallen to $400K. It will take years to regain the value he owes on it and to sell it he would have to take a $200K loss so he just lets it go back to the bank. The way the property values were jumping here 5 yrs ago he probably thought he would make $200K off the house not lose that amount.

Don't know about the rest of the nation but this is happening a lot here and that is why the banks are in such trouble. People are no longer looking at bank loan obligations the way our parents did, now it is about about making a buck and are looking at home loans like they do the stock market...if you investment is losing too much just pull out and invest in something cheaper. Right now that $600 Baez owes on this one house will buy him and even bigger and nicer house than this one and he will be able actually make money off on when the market goes back up..

I don't agree but people are doing this with even houses that have not lost near this much in value.

Yes, you've explained the current values on dealing with banks extremely well. The only problem with people not looking at mortgages as financial obligations is the result. When the banks are in financial trouble, the whole country is in financial trouble.

 

[nums24]

I found one more judgment against JB.

 

[beach]

I found one more judgment against JB.

Jeepers! He sure has a lot of judgments for non-payment of invoices. Everything from potential expert witnesses (the pathologist), court reporting firms and now printing companies. And it has been going on for years. I hope his staff's paychecks don't bounce.

This is the kind of stuff that makes the foreclosure and European vacation relevant for me. It shows a history of totally irresponsible financial decisions.

 

[nums24]

Jeepers! He sure has a lot of judgments for non-payment of invoices. Everything from potential expert witnesses (the pathologist), court reporting firms and now printing companies. And it has been going on for years. I hope his staff's paychecks don't bounce.

This is the kind of stuff that makes the foreclosure and European vacation relevant for me. It shows a history of totally irresponsible financial decisions.

Exactly! He did what he needed to get admitted to the bar and then went back to his old ways.

 

[Gypsy Road]

Exactly! He did what he needed to get admitted to the bar and then went back to his old ways.

Sure appears that way!

 

[TrY]

With or without Casey as a client, in order to pay a $4500 dollar a month mortgage, would Jose's after tax take home pay have to be pretty huge in order to afford $4500 dollars a month mortgage in the first place (before the bottom fell out of the economy)?

If Orlando is one of the areas with the most forclosures and economic problems then I imagine that quite a few people in all economic classes have similar financial problems to Jose Baez.

I guess the bottom line is will Baez's economic problems affect his ability to defend his client Casey Anthony?

 

[miss plum]

The funny thing is I was actually researching what other cases he has pending where is he listed as an attorney, but I hit the wrong search and my jaw dropped when I saw the lis pendens.

The timing was funny too, with this coming out so soon after his indignant remarks about 'certain bloggers ' and 'childlike individuals', it almost seems as if he can't win.

Also the timing of this coming out just as he is deposing Kronk in the hope of making him look like a potential murderer makes me a lot less sympathetic to JB's privacy.

 

[nums24]

The timing was funny too, with this coming out so soon after his indignant remarks about 'certain bloggers ' and 'childlike individuals', it almost seems as if he can't win.

Also the timing of this coming out just as he is deposing Kronk in the hope of making him look like a potential murderer makes me a lot less sympathetic to JB's privacy.

I completely agree!

 

[nums24]

The good doctor's a pathologist, isn't he? I thought those other cases of JB's all lacked the element of a dead body? In one it was a crooked mayor and doctor accused of sexually abusing 2 patients, on the other it was a kidnapped child, but the child was recovered alive and unharmed. Has JB done any other murder cases under his own practice? I thought his only prior murder experience was when he was working for another lawyers firm and assisting?

And the timing on this one would be about right for when Caylees remains were found.

No, Nilton Diaz killed a two year little girl. Here is a link to the article:

http://articles.orlandosentinel.com/2008-04-20/news/ldiaz20_1_diaz-boxer-nilton

Maybe Baez didn't want to pay because his client was convicted:

http://articles.orlandosentinel.com/2009-03-28/news/baez28_1_baez-diaz-conviction