Posts Tagged ‘foreclosure judgments pinellas’
$1.5 Million Dollars Worth of Foreclosure Slop….Thrown Out!
Author: Matthew D. Weidner, Esq.
Today I had a $1.5 million dollar foreclosure judgment vacated or thrown out because the foreclosure mill failed to have my client personally served with the lawsuit and instead tried to slip through a with a prime example of sewer service. Keep in mind that many foreclosure judgments are void and subject to challenge at any time for decades to come….my little victory today is just one example of the many that will come in the decades to come.
It took the senior judge that heard the case about two minutes before he realized that the mill had committed grave errors in the case. He didn’t want to read even one of the dozens of cases I had copied and highlighted, he just skimmed through the roughly 350 pages and quizzed me on a few of the high points and cases just to make sure I had done my job. Had he pressed me on any case or any point, I was prepared to go into exacting detail and the judge knew it….all those cases didn’t get dog-eared and highlighted by themselves….I try to go into every hearing prepared for an assault from every direction.
Many lessons from this victory…first, it’s just one small example of the slop that has infected our court room. Next, this slop will crush or title industries and real estate markets for decades to come. Also, I have confidence in our judges, especially our senior judges…when an attorney comes prepared to do battle, with the case properly prepped and prepared, researched and briefed, I find the judges to be at least open to the arguments.
Next, Florida Rule of Civil Procedure 1.540(b)…learn it, know it, cite it. Be prepared to fight like hell and argue that foreclosure judgments are void in the years to come.
Next up, I’m going to report on another case of one million dollars of foreclosure slop from right in my little ‘ole neighborhood…stay tuned cause it’s a beaut of a case!
Special Thanks to Jason Kral, one of the excellent attorneys working in my office for pounding out some excellent research and loading me up for battle with all the tools I needed. A fine Emergency Motion and dead-on research can make even the hopeless of cases a winner!
Judge Vacates Final Judgment and Sale- Foreclosure Courts are Courts of Equity!
Author: Matthew D. Weidner, Esq.
We’ve all seen it and it happens too often…Borrower is in a formal modification with the lender or servicer or has fallen victim to a foreclosure rescue scam and doesn’t respond to the lawsuit. Unbeknownst to the homeowner, the lender is moving right ahead with the foreclosure sale and their home is lost. This happened to a family in Port Charlotte, but rather than losing everything, Elizabeth Boyle and the Super Foreclosure Heroes from GulfCoast Legal got the good judge to cancel the sale, vacate the final Order and allowed the Defendants to Answer. A copy of the Order is below:
A key point made in the order is that foreclosure courts are Courts of Equity. Keep in mind that this bedrock principle is embodied in the law used by these reckless mills to engage in this widespread fraud. We should all begin quoting the following statute in every pleading submitted before the court. We need to constantly remind our judges that courts of equity are fundamentally different than courts of law…here is the cite:
FLORIDA STATUTES 702.01 Equity.–All mortgages shall be foreclosed in equity.
Courts of Equity- A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.
Next thing that Boyle (and anyone else facing Indymac in litigation) needs to do is challenge the right of Indymac to proceed with the litigation. I’m pretty confident that if we pull back hard enough on the Indymac curtain we’re going to find
INDYMAC HAS NO RIGHT TO PROCEED AS A PARTY PLAINTIFF- THOSE RIGHTS WERE SURRENDERED FIRST TO THE FDIC THEN TO ONEWEST
While we’re on the subject of courts vacating sales, I publish again the fantastic Order Vacating the Order Substituting Party Plaintiff recently entered in St. Johns County.
7th+Cir+Judge+Trayno+USBankvMcCleod-vacatewprejudice
We’re all aware that Plaintiffs are morphing in and out of cases through ex-party Orders, Assignments of Bid and other improper means. We all know that standing is being falsely created through questionable endorsements and improper Assignments of Mortgage. I particularly like the section of that Order that quotes the Rules Regulating the Florida Bar 4.3-3(a)(1)-
“A lawyer shall not knowingly make false representations or fail to correct a false statement of fact made to the court.”
It disturbs me that this rule is being widely ignored and on the much larger level, I am deeply troubled that billions of dollars in foreclosure judgments are being issued to entities that are not properly identified, that change right in front of the courts eyes and which we have no way of tracking or identifying.
JUDGE- EXACTLY WHO ARE YOU GRANTING FORECLOSURE TO?
WHO DOES THE AFFIANT WORK FOR?
WHO SIGNED THE ASSIGNMENT OF MORTGAGE?
WHOSE INCOMPLETE, ILLEGIBLE MARK IS ON THAT NOTE?
WHO PROFITS FROM YOUR JUDGMENT OF FORECLOSURE?
