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Foreclosure Defense Florida

TWO NEW EXCELLENT FORECLOSURE OPINIONS PUBLISHED!

It remains incredibly encouraging to see how thorough and well-prepared legal work is rewarded by Orders from our elected judges that support and uphold the Rule of Law.   The latest two examples are shown here:
Online Reference: FLWSUPP 1809LARO
 Mortgages — Foreclosure — Complaint — Verification — Motion to dismiss is granted where verification is not contained within complaint and is qualified verification ONEWEST BANK, F.S.B., Plaintiff(s), vs. KRISTINA LAROCCA, et. al., Defendant(s). Circuit Court, 6th Judicial Circuit in and for Pasco County, Civil Division. Case No. 51 2010 CA 6256 ES, Division J4. May 5, 2011. Honorable Lynn Tepper, Judge

ORDERSETTINGASIDE

wellsfargo-bank
Online Reference: FLWSUPP 1809LEWA
 Mortgages — Foreclosure — Complaint — Verification — Motion to dismiss is granted where verification is not contained within complaint, name and title of person verifying complaint is not given, promissory note is not attached to complaint, and plaintiff has failed to plead capacity within complaint

WELLS FARGO BANK, N.A., Plaintiff, v. MARY LOUISE LEWARNE, INDIVIDUALLY; AND AS TRUSTEE OF THE MARY LOUISE LEWARNE REVOCABLE TRUST AGREEMENT DATED SEPTEMBER 22, 1993, Defendants. Circuit Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-11050-CI-19. June 15, 2011. Amy M. Williams, Judge. Counsel: Matthew D. Weidner, for Defendants.

ordersigned

One Comment

  • Fran says:
    August 30, 2011 at 12:21 pm

    I have used these same arguments in a HOA foreclosure case. The HOA attorney seems to think he can make up incorrect liens and then take people’s homes, or get money judgments, without verifying that the amount is correct or that the liens are based on the deed restriction contract! Oh and in the meantime the associaton has paid the attorney at least $10,000.00 in attorney’s fees to do the litigation against a homeowner who disputed the lien.

    So HOA foreclosures go right along with bank foreclosures. Its all extortion, one way or another, if they are trying to collect what is not theirs to collect.

    Reply

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