Foreclosure Defense Florida

CASE LAW UPDATE- Judges Should Never Grant Summary Judgment in Florida

Search this blog and you will see that for months now I’ve been arguing that the “evidence” submitted by Plaintiffs in foreclosure cases does not even come close to meeting the legal and evidentiary requirements for courts to grant summary judgment.

After performing extensive legal research to confirm this hunch, I have drafted and filed detailed memoranda, supported by all available case law, that stands for the proposition that the practices used by virtually every foreclosure mill in the state do not provide the evidentiary basis for a court to grant summary judgment.

So why are courts across this state continuing to grant summary judgment?   There really is NO LEGAL BASIS TO SUPPORT THE GRANTING OF SUMMARY JUDGMENT IN THE VAST MAJORITY OF FORECLOSURE CASES CURRENTLY FILED IN COURTS ACROSS THIS STATE.

I attach here the most fantastic transcript of a hearing I’ve heard in a long time.   This transcript shows a couple things:

First, the judges in the Sixth Circuit of Florida really, really get it.

Second, this particular judge goes far and above to do his job and deliver real, hard, honest legal work.

Third, as I mentioned above…the current processes and procedures used by the foreclosure mills do not provide courts the evidentiary or legal basis required to grant summary judgment.

But now the big question that comes to mind….now that this judge gets it…and now that my memos and others like my friend and fellow Foreclosure Fighter Mike Wasylik are starting to leak out there…

What happens to all the hundreds of thousands of homes that have been foreclose on by improper evidence?

7 Comments

  • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    An outstanding transcript. Good work on the part of Judge Rondolino. I wish he were presiding over my case and current motion to vacate an erroneous granting of summary.

    Counsel for plaintiff… You gotta love his hamfisted efforts. Unsupported statements and misinterpreted cases seem to be the norm of these mill attorneys.

  • He’s a fantastic judge…both intelligent and fair… as a judge should be. In my opinion, one of the best in the 6th Circuit.

    I can’t for the life of me understand why any lawyer would appear at a hearing so unprepared. He had obviously not even read the motion. Unbelievable!

  • Jennifer says:

    From experience, as a homeowner directly fighting Stern/ Deutsche Bank, all the Judge wants to see is assignment of note. They don’t seem to either 1)know or 2) care if it’s legal or not. I just don’t get it. With all the info we gave to the Judge about Deutsche not being the note holder at time they foreclosed in 2007, to them locking us out without a summary judgement, to showing the Court about the Cheryl Samon deposition and Michele Camacho signature fraud, which are both on our assignment of note…how that can go unnoticed and our house was auctioned off anyway.

  • Andrew says:

    The answer to your question is that those homeowners should appeal!

    • Jennifer says:

      Well, we’re not there yet. The Judge held back the CT after the house auctioned off and has ordered Stern’s office to do a loan mod. This is the Judge’s third Order for them to do the loan mod in which they ignored the first two. Judge allowed us to choose mediation date at the last hearing two weeks ago and we chose this Friday the 16th. Stern’s office just called today and e-mailed us the financial work packet to fill out. When I let them know that this was last minute and we would not have the documents ready in two days, they went ahead and scheduled Mediation anyways. I have let the Judge know this and am awaiting the response. The Judge had told them in the last hearing on April 1st that if they did not comply she would fine them. Stern’s office did this on purpose, waiting until the last minute routine. I have never seen such a clown operation in all of my life….it’s harendous that millions of people are losing their homes when the right hand doesn’t know what the left hand is doing over there in that office.

      • Your judge is trying, but remember that he/she cannot just give it to you any more than he/she should just rule for the other side. Even though you are not represented by an attorney, the burden is still on you to prove your case or at least object to what they are doing. Sounds like you need a hearing. Make sure you call a private court reporter and tell them when/where the hearing is and have the court reporter record the hearing. This gives cover for the judge and allows you to put on record all that they have done bad. Have each of the prior orders and read into the record what the orders said. Have emails and records of phone conversations with attorneys and lenders. Send out subpoenas to anyone you talked to about loan mod or mediation, lawyer, stafff person, secretary, mediator, loan mod. They will object to every one of those, but make it clear to the judge that you can build a case that you have done everything you could reasonably be requested to do.
        Send out discovery and requets for admissions i.e. “Admit that you did not send out loan modifcation package until…” “admit that the lender did not request or have any fianancial information to base a modifcation on until…” in interogatories ask “who is the person or persons who have reviewed this file for loan mod? what are terms used to consider for loan mod? Do not not go to the mediation if it is scheduled….get the name of the lender rep…find out what deal they can put on the table….make sure they have full settlement autoritiy, i.e. ask what will it take to keep us in the home.
        If they do not have settlement authority and you’re just talking to a blank voice on the end of the phone demand to CONTINUE the mediation…do not let them reflect it as an impass….fight the mediator on this.
        good luck

  • Jennifer says:

    I was actually referring to Stern’s office as the clown act, not the Court. The Judge had allowed us to choose the mediation date and to keep the Court abreast of the process since Stern ignored the first two Orders to mediate.
    However, Stern began sending the financial worksheets two days prior to mediation knowing it would not be enough time. I let the Court know and as of yesterday the Judge cancelled the mediation and told us to schedule another hearing to come into Court which we will do (this will be our fourth). Stern’s office was not happy. Have been getting calls from them again today threatening to schedule a mediation next week. Oh well, I’m going with the Judge on this one and calling a Notice of Hearing again. They just don’t want to be fined and the Judge said at the last hearing if they did not comply that fines would be imposed. Should be interesting….

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