Posts Tagged ‘foreclosure sale’
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?
What happens now that I’ve been served with foreclosure papers?
Author: Matthew D. Weidner, Esq.
If you have recently been served with a foreclosure case or know that your lender is about to file a foreclosure case against you, you undoubtedly have many questions about what will happen to you, your family and your home. As an attorney who has been practicing foreclosure defense, mortgage modification, civil litigation and real estate law in the St. Petersburg area since 1999, I have many years of experience which I am happy to share with you.
If you do not hire an attorney immediately after you are served with foreclosure, the lender could set a foreclosure sale of your home in as little as 20 days after you were served, with the sale of your home on the courthouse steps occurring as soon as 30 days later. This is obviously a stressful and scary prospect for a homeowner and family, but if you hire an attorney, the bank may be unable to set a foreclosure sale for a very long time, if ever.
I say the mortgage company may never be able to set a foreclosure sale because the reality is foreclosure cases are very difficult for lenders to win in the current environment and the lenders are often forced or agree to modify your loan rather than take the risk of losing their case.
If you have questions, please take the opportunity to contact my office at 727-894-3159 for a free no-obligation consultation regarding your case.
