Foreclosure Defense Florida

David Stern SMACKDOWN- 4th DCA Appellate Court Reversal of Summary Judgment of Foreclosure!

My thanks to the superstars at Ice Legal in West Palm for sharing the latest good decision out of the 4th DCA which covers Broward County, West Palm and other counties on the East Coast of Florida.

Read this opinion carefully, it is yet another repudiation of the summary judgment of foreclosure procedures widely being used in courtrooms across the state.

This opinion and others should make it absolutely clear that circuit courts cannot grant summary judgment when any objection is made whatsoever. It’s not up for the defendant to prover her case at summary judgment, only to put into question the Plaintiff’s case.   At that point, summary judgment is no longer on the table for Plaintiffs.   As a practical matter, I don’t see how they proceed with final judgments and the high evidentiary burdens a real trial would create.

lazuran

One Comment

  • commit11 says:

    That is a great ruling. Now we just need to get the foreclosure Court Judges to follow the law. This ruling should be printed out an put in every Judges box across the state.

    Let’s get busy everyone.

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