SUMMARY JUDGMENT CANNOT BE ENTERED WHEN A FORECLOSURE CASE IS NOT AT ISSUE!

2 Comments

• Learning2 says:

  April 28, 2013 at 2:29 pm

  Any updates on this case? I see it was posted on YouTube over 3 months ago and it looks to be a very, very important case for citing.
  What was that I heard about each spouse was on the mortgage but only one was on the note? Do you have any documents we can read about this case?
  Its good to hear Assignments of Mortgage and Notes covered, finally…
  Florida Statutes
  701.01 Assignment.”“Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it,…
  701.02 Assignment not effectual against creditors unless recorded and indicated in title of document –
  (1) No assignment of a mortgage upon real property or of any interest therein, shall be good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document which, in its title, indicates an assignment of mortgage and is recorded according to law.
  (2) The provisions of this section shall also extend to assignments of mortgages resulting from transfers of all or any part or parts of the debt, note or notes secured by mortgage, and none of same shall be effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law.”
  This reads to me like it includes all transfers resulting from MERGERS of corporations, business entities, trusts, etc. as well!
  Cut & Pasted from here: https://realestate.uslegal.com/mortgage-satisfaction/florida-assignment-and-satisfaction-of-mortgage-law/
  One of the Comments on YouTube mentions ‘IRS form 4490’. Do you know what that’s about???? Then a Commentor says, ‘FOIA the FR 2046 that will show that the alleged loans were satisfied’. I found the Comments here: https://www.youtube.com/all_comments?v=y76aYiLAjFo
  This sounds like something I should turn over to my attorney, eh?
  Also, I’d be interested in learning more about cases, especially in Florida, where, AFTER Closing, someone adds an additional person and signature to the Mortgage but not the Note. Old, old case law makes this Void…looking for more cases, especially newer cases.
  Thanks, once again!!!

  Reply
• Simon Rosin says:

  April 29, 2013 at 7:43 am

  Matt:
  I have an almost all fours’ case as this. Who is the defendant’s attorney and what is the name and cite of the case?
  Thanks.
  Simon Rosin

  Reply