Foreclosure Defense Florida

MOTION FOR SUMMARY JUDGMENT DENIED- Affidavits in Support of Summary Judgment are Hearsay!

I’m going to keep saying it because I mean it.   The attorneys at Ice Legal are the best foreclosure fighters in the state.   First reported on the site 4closurefraud is the latest, hot off the presses example of their excellent work.

Judges in Pinellas County have recognized for some time that the Affidavits in Support of Summary Judgment do not form the basis for Summary Judgment in the majority of foreclosure cases.   Now judges from across the state are picking up on this.   The laws are the same across the state; we need to be fighting for uniform correct interpretation of these laws.   Palm Beach County has been a tough environment for borrowers and homeowner defense, but the tide is turning even in that county, as evidenced from the attached transcript.

THERE WILL COME A TIME WHEN THE IMPROPER FORECLOSURE PRACTICES THAT HAVE INFECTED OUR COURTROOMS ARE PUT TO A HALT

When this happens, those attorneys like Ice who led the charge will be vindicated.   Until then, savor the attached transcript and make objections based on hearsay affidavits a fundamental part of your practice.

In response to the good judge’s comments in this hearing that hearsay affidavits must be objected to in order for them not to be introduced, I attach the response to that from a reported case which stands for the proposition that courts should not accept hearsay affidavits even if they are not objected to.

weidner-ice-legal

Ice Transcript

IN-RE-FORFEITURE-OF-1998-FO

2 Comments

  • JamesM2 says:

    Nice but Defense was a little un-prepared, did not appear to have filed a response, and cited no legal reason or case law as to why Assignment of mortgage was defective, other than the date. Was totally correct in argument that there is no proof of Plaintiffs standing at time of filing action but apparently failed to bring motion or argument convincingly attacking standing.

    Argument by counsel for Plaintiff was better, unfortunately his affidavit was lacking. Something he can fix and come back with. This bought defendants some breathing room, but it seems to be only a regard action.

    Court ruled the right way, by finding evidence presented, when viewed in the best light for the non-mover, the defendants, was insufficient to overcome the disputed facts, therefore no Summary Judgment, at this time.

    Seems to me that court left the door open for Plaintiff to re-file same motion, with better support.

    If Defendants had argued more strongly about the issue of failure to prove standing at time complaint was filed, with some case law to back it, they may have won on their motion. As it was both sides lost on their motions, which preserves the action but does not advance it.

  • indio007 says:

    How can any case by brought to a final judgment with hearsay as the only evidence? The entire premise that any case could be is completely faulty.

    The idea flies in the face of the right to confront witnesses against you .

    A claim based on information and belief is only enough to justify commencement of an action but the belief must be developed into competent evidence.

    I really don’t know what these judge’s have been thinking. There are so many void judgments on the books it ain’t funny.

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