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Foreclosure Defense Florida

Supreme Court Reminds Again That Complaints Must Be Verified….AGAIN

supreme-court-flHot off the Presses, Just Yesterday, The Florida Supreme Court released a Brand New Announcement reminding the foreclosure mills that there were certain rules that they should probably think about following….if they didn’t mind and if it weren’t too much trouble.   I love this little quote found in the Rule (again)

One of the primary purposes of this amendment was to ensure that plaintiffs and plaintiffs’ counsel do their ” due diligence” and appropriately investigate and verify ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate. In light of recent reports of alleged document fraud and forgery in mortgage foreclosure cases, this new
requirement is particularly important

It just blows my mind that the mills are able to get away with systematically flawed processes that result in abuse to homeowners but we’ve yet to see any real sanctions.   In addition to being blatant violations of consumer’s rights, it represents waste of taxpayer resources for all of us, whether we’re in foreclosure or not.   The fact of the matter is one of the practical effects of the rule would be to require lenders and plaintiffs to get their documents and facts together in the beginning before they file the suit.   This would eliminate the endless paper chase that our judges and clerks find themselves in managing these files.   These firms are making millions and our courts are suffering profound budget and staffing crises, yet they’re wasting time and devoting tremendous resources managing these files.

Before I set files for summary judgment I would require that the foreclosure mills come to court personally with their documents, in order and ready to go.   I would require those same mills to be there in person when they were asking for summary judgment along with all their documents, copies and envelopes and require them to have everything in order before any Order of Summary Judgment was signed.

Aside from my role as an advocate for homeowners, I’m an advocate for our courts and their staff.   In these lean budget times, I don’t like them being pressed and abused and put upon and run ragged by a mess of a system.   Moreover, I find it mind-boggling that our Supreme Court and more of our Circuit Courts don’t just demand enforcement of the rules if not for the sake of respect for the court than at least for the very pragmatic reason that it’s a necessary business practice……I believe they owe that to the taxpayer.



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