Emaminejad v. Ocwen – Hard Lesson to Learn
The facts of this particular case mean absolutely nothing. I don’t know whether the consumer had any chance at all of winning but here’s what we all know for certain.
IF YOU DON’T HIRE A COURT REPORTER YOU’RE WASTING TIME GOING TO TRIAL!
The most difficult, and ultimately insurmountable, obstacle faced by the
Borrower is the lack of a trial transcript. The Borrower’s assertions that the Lender
lacked standing and did not prove the elements necessary for reestablishing a lost
note contradict the trial court’s findings in the amended final judgment. Under
Florida law, “[w]hen reviewing a judgment rendered after a nonjury trial, the trial
court’s findings of fact come to the appellate court with a presumption of
correctness and will not be disturbed unless they are clearly erroneous.”