Far too many foreclosure cases are granted through summary judgment. The standard set for the grant of summary judgment based on decades of case law is very, very high, but this procedure has become an accepted part of daily foreclosure practice. It’s time to review the Rule and the case law and compare the strict legal principles detailed in the Rule and the cases with the way foreclosure is being practiced.
Given the widespread abuses by the Plaintiff law firms and the known issues of material facts regarding evidence submitted by lenders, it’s time for us all to step back and question whether any circuit court has the resources necessary to effectively review files such that Summary Judgment is appropriate. In this rush to push cases through, critical pieces are being missed, the judiciary is being turned into a meat grinder and serious title problems will have to be addressed for years to come.
Two of the most important cases that put Summary Judgments in context were actually appealed and WON on appeal not by attorneys, but by Pro Se Advocates. That should both inspire attorneys to step up our game and not be afraid of appeals and help advocates know that they have a place in courtrooms as well. Key issues are making sure you properly object to all the evidence that is improperly submitted and which will not support summary judgment. My guess is circuit court judges are aware enough of the serious issues that they will not risk appeal just so a Millionaire Foreclosure Mill will get another property back.
An awesome site that provides all the Florida Rules of Civil Procedure online is….Florida Rules of Civil Procedure OnLine click on that link for the index to the site and bookmark it….for the link directly to the Florida Rule of Civil Procedure 1.510 click this link.
The great thing about the site is it provides excellent case law updates for each rule and as you’re drafting your motions, you can just cut and paste the text of the rules directly into your motions.