Posts Tagged ‘weidner foreclosure cases’
CNBC on The Ibanez Fraudclosure Fallout- The “Duh” Factor in All This
Author: Matthew D. Weidner, Esq.
$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!
THE MOST IMPORTANT FORECLOSURE CASES IN FLORIDA COURTS!
Author: Matthew D. Weidner, Esq.
Tomorrow’s Oral Arguments before the 5th Circuit Court of Appeals, beginning at 9:00 a.m. is one of the most important appellate foreclosure cases to be argued in a very long time.
Along with Verizzo, BAC Funding, Frost and Regions, this case has the distinct possibility of changing the landscape for foreclosure defense not just in this state but nationwide. Indeed the eyes of the entire country are focused on this important case….and you have the opportunity to see it all go down live. I am profoundly grateful to the community of foreclosure defense advocates who are fighting to hold the practice of foreclosure law to the very highest levels of professionalism and practice. It is a tremendous honor to be part of this experience, and I am especially grateful to April Charney, Greg Clark, George Gingo, Randal Reder, Daniel Rock, Dominic Salfi, David Acosta and all the other committed advocates who have supported this effort.
Log on and participate in this fundamental and so very important part of our American judicial experience!
After arguments, I will be again posting all cases relied on and other important documents. Today I want to share with you an important document that includes many of the most important cases that any advocate needs to know in every single foreclosure case.
This comprehensive share of documents can be found here:
TABLE OF CASES-Weidner (Mortgage)
Next, here is a very important case that deals with he unfortunate and all too common situation when homeowners working with their lenders to resolve foreclosure and do not participate in their foreclosure case, believing that their loss mitigation efforts count as their response to the case. A homeowner should be relieved from this error, as indicated in the case here:
