The Florida Supreme Court, in it’s rules governing residential mortgage foreclosures demanded that PLAINITFFS VERIFY FORECLOSURE COMPLAINTS! The Supreme Court did not include slippery language that would allow agents, acting on behalf of undisclosed principals to come before the court and act on their behalf…specifically in the context of verifying complaints.
I read the Supreme Court’s language, it is clear and so we moved to dismiss their complaint. The trial judge agreed and dismissed, the bank appealed and the Second DCA just issued a Per Curiam Dismissal of the bank’s absurd Appeal….and so,
TRIAL COURT JUDGE PAMELA CAMPBELL’S ORDER DISMISSING THE PLAINTIFF’S COMPLAINT BECAUSE IT WAS IMPROPERLY VERIFIED BY A SERVICER STANDS AS THE LAW IN THE 2ND DCA!
This is a HUGE step in holding the UNDISCLOSED PRINCIPALS in foreclosure actions accountable. All courts must start to carefully examine all principal/agency relationships in foreclosure cases and not allow undisclosed agents with no clearly defined authority to come into courts purporting to act!
It’s absurd that trial courts have allowed plaintiff’s to come in court waving around original notes with no other proof of relationship, no servicing contracts, nothing that even comes close to showing they have any authority to throw our neighbors into the streets and seize American homes.
THAT STOPS NOW!
(WELL, TRUTHFULLY MANY GOOD TRIAL COURT JUDGES PUT A STOP TO IT LONG AGO, AND NOW THE APPELLATE COURTS ARE AFFIRMING THEIR WISDOM)
