Lis Pendens... Venienti occurrite morbo

Ab Initio...

If we have learned anything from this Casey Anthony case, for sure, it is the fact that Latin is not a dead language. Throughout the motions filed and hearings heard, we now know what ex parte means as well as in camera, ipso facto. We've sat down and watched in limine in situ, et cetera, et cetera. Today, I bring you a bona fide new post ex gratia. In other words, it comes gratis dictum.

Lis pendens is the Latin term for suit pending. It is a written notice that a lawsuit has been filed. It concerns real estate, plain and simple, and it involves either the title to the property or a claimed ownership interest in it. On May 10 of this year, a suit was filed against Jose and Lorena Baez in the Osceola County Circuit Court by the bank holding the mortgage on the house and property they own. Jose Baez represents Casey in her criminal case. This is a civil matter and she has nothing to do with it.

To put things in perspective first, let's take a look at NASA on the east coast of Florida. United Space Alliance just reported that 1,000 employees would be laid off soon. By the time the shuttle program ends, up to 8,000 employees will be out of a job. If we look at industry in the Cape Canaveral area, NASA is its heart and soul. It keeps the area alive and thriving. Unfortunately, by the time all those jobs disappear, it will mean that thousands of people will not be able to pay their mortgages. That translates into more and more foreclosures. It means the loss will trickle down and create more loss, and the region will be a shell of what it once was. Such is life these days, and as some have watched in delight as George and Cindy squirmed in their seats over foreclosure on their house, we now see neighbors in our own back yards suffering the same fate. Banks hate to do it, but many well-intentioned Americans are facing the same thing, day-after-day, and are powerless to stop it. And it compounds. As people move away or just go deeper into debt, it's less Happy Meals and Domino's Delivers. It's more layoffs. It's less taxes to pay for education. It means less field trips to the Kennedy Space Center because school budgets go lower and lower. It means everyone is vulnerable, rich and poor alike.

No one wants to see a family lose their home, and that should include Jose Baez and his wife. This is a sad state our economy is in and I'm sorry, but I can't wish this misfortune on him because of who he represents or what he does while representing her. For one thing, how many people accused Jose and Casey of improprieties in his office while she was out on bond? How many still accuse him of groping her in her jail cell [technically, groping is not the same as hugging], despite the fact that Casey wrote of her crush on Jose Garcia, one of his attorneys? No proof exists of any of it, yet it persists. Now we find out he's married. No one knew that. Does it prove he cheated on her or does it really mean we just didn't know all along and it was plenty easier to make up dirty stuff because that's where our minds led us? In reality, he never discussed his home life because he separated himself from the two. When he was asked about the foreclosure case, he said, "I think it's personal."

Today, the buzz is all about his house. It couldn't have happened to a nicer guy. Well, I disagree. Sure, he could have quit this case and gone back to taking on DUIs and petty crimes. After all, that was his bread and butter before Casey came along, but you know, in all actuality, he does represent other clients. We just don't hear about them because this is the one that matters most. Odds are, he'd be going through this whether she came along or not, and we'd be none the wiser. Is this a case of karma's a bitch? Don't be absurd. Thousands upon thousands of God-fearing, moral and upstanding people are going through the same thing with each passing day.

Will this impact his ability to represent Casey? No, he said, "It has nothing to do with my case, my business and anything that has to do with Casey Anthony. I'll probably keep the house, even though it's worth half of what I owe."

That's part of the problem today. Too many people owe a lot more than their homes are worth. In Baez's case, records indicate the house was bought 3 years ago for $670,000. In October of last year, the taxable value was $347,100.

If Jose Baez dug himself a hole representing Casey, poke at that one all you want. When it comes to the holes in his personal life, that's a private matter and who are we to talk? He is not alone. No one is perfect. Remember, ab alio spectes alteri quod feceris! Memor tua rei.

Because his mortgage and foreclosure are a matter of public record, here they are for your inspection:

Mortgage

Lis Pendens

Mortgage Document