Posts Tagged ‘SIXTH CIRCUIT OF FLORIDA’
Critical Issues Update, THE POWER HOUR, DAVIS V. INDYMAC, TAYLOR V. DEUTSCHE BANK
Author: Matthew D. Weidner, Esq.
This is a critical week in the Foreclosure Fraud Fight, with the eyes of the nation focused on what’s happening in the Sixth Circuit of Florida. Thanks to Ice Legal, Foreclosure Hamlet, 4ClosureFraud, April Charney and all the JEDTI members who are helping to carry the load in these epic battles!
Motion to Dismiss GRANTED – New Florida Law Weekly Supplement Case!
Author: Matthew D. Weidner, Esq.
Hard to find because it is not under foreclosures but under civil procedures, but it’s a good one so here it is, along with the original Order.
The Florida Law Weekly Opinion Here
Order here
and importantly a Motion to Preserve Evidence here
What we need to understand is that all across Florida foreclosures are being granted by judges when the file is not only completely devoid of any evidence that could be used to grant foreclosure, but the files also contain evidence of questionable behavior at the very least as would be the case when an attorney made a mistake and unknowingly submitted false information to the court to prove up his case or outright fraud on the court if an attorney knew he was submitting information that was improper and that evidence or information was being used to obtain judgment.
I attach here an example of a case where foreclosure was granted and a sale was set……this woman could have lost her home. A careful examination of the file revealed that the Plaintiff lacked the basic evidentiary and good faith basis it needed to obtain that judgment. That motion can be found here.
The scary thing about all this is I find very real problems evidentiary problems in virtually every foreclosure file that comes across my desk. These problems range from mistakes of fact or law to outright fraud where the problems or questionable issues are present and apparent right on the face of the documents..the question I have is…
HOW MANY FORECLOSURES HAVE BEEN GRANTED AND WILL CONTINUE TO BE GRANTED BASED ON FACIALLY IMPROPER EVIDENCE OR INFORMATION?
HOW MUCH OF THE EVIDENCE OF WRONGDOING IS BEING RETURNED TO THE PLAINTIFFS AND ATTORNEYS WHO ARE ENGAGING IN IMPROPER OR ABUSIVE PRACTICES?
