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Foreclosure Defense Florida

New 2nd DCA SMACKDOWN!- Trial Court MUST Hold Evidentiary Hearing

palacioIt happens all too often.   A client come to your office asserting that they have been actively and diligently working with their servicer in good faith to try and get a modification or settle the foreclosure case.   In too many cases, the foreclosure case moves right along with no regard to the efforts the homeowner is making to modify or settle.   In some cases, homes are sold right out from underneath the homeowner while this is occurring.   Florida’s Second District Court of Appeals has made it clear that this must not happen in this circuit. The DCA ruled that if a homeowner makes a colorable case that they have been trying to work with the servicer, the trial court MUST hold an evidentiary hearing if a motion is filed to Vacate a Final Judgment.

I demand that my clients keep written and detailed records of all contacts and communications with the servicer.   This Order, like the Elliott Order from the 4th DCA should be enough to prevent foreclosed homes from being sold to third party purchasers even after a sale given the possibility that the Default Judgment could be vacated.   These Orders reinforce the good job appellate courts are doing to reign in the abuses of the banks and their attorneys and provide hope to us all that the rule of law, equity and fairness will prevail in this country.

Congratulations to JEDTI Henry Hicks for this great outcome for his clients.   These cases reinforce and remind us all of the good and honorable work Florida’s Foreclosure Fighters are doing and the great service they are providing to the citizens of this great state!


Palacio Appeal Order

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