It’s still inconceivable that not one attorney has been reprimanded, no suspensions after so much fraud. How long do investigations take? How long will this go on? After millions of hits on this blog…you would imagine it stop, a long time ago. But no...
WSJ-
After the robo-signing mess exploded last September, court officials in Florida, the nation’s busiest state for foreclosures, required lenders to swear that all the information in their foreclosure lawsuits was “true and correct.”
The new affidavits have made judges quicker to pounce on obvious flaws in foreclosure documents, such as when the loan amount doesn’t match the number included in the lawsuit. But some judges say the foreclosure process suffers from broader problems beyond their control.
The Foreclosure Bench Book is a very valuable resource that every defense practitioner should be using as part of our efforts to assist the judiciary in deciding these foreclosure cases. The Bench Book is just a book, it’s not The Bench Bible, but to the extent it is helpful, it would be most valuable to reference and cite the book in support of your cases.
The release of this important document truly is a valuable resource for all of us involved in the ethical fight and the defense and protection of our courts. We should all be working for a uniform and consistent body of foreclosure law and rules across the state and the proliferation of this important document will only help in that effort.
TABLE OF CONTENTS
Introduction……………………………………………………………………………… 2
Lender’s Right to Foreclose…….……………………………………………………2 Default………………………………………………………………………………………..3 Acceleration………………………………………………………………………………. 3
Statute of Limitations…………………………………………………………………. 3 Jurisdiction……………………………………………………………………………….. 4
arties to the Foreclosure Action…………………………………………………… 5
Filing of the Lis Pendens………………………………………………………………. 11
The Foreclosure Complaint…………………………………………………………. 11
Original Document Filing and Reestablishment of the Note……………. 13
Fair Debt Practice Act………………………………………………………………… 15
Mandatory Mediation of Homestead Foreclosures………………………. 15
Service of Process……………………………………………………………………… 18
Personal Service…………………………………………….……………………………18
Constructive Service……………………………………………………………………20
Service of Process outside the State of Florida …………………………….. 24
Substitution of Parties……………………………………………………………….. 25
Entry of Default………………………………………………………………………… 25
Appointment of a Guardian ad Litem…………………………………………… 27
Appointment of a Receiver………………………………………………………….. 28
Summary Final Judgment of Foreclosure…………………………………….. 29
Affidavits in Support of Motion for Summary Judgment………………. 30
Affirmative Defenses………………………………………………………………….. 32
Summary Judgment Hearing……………………………………………………….. 36
Final Judgment………………………………………………………………………….. 36
Judicial Sale………………………………………………………………………………. 39
Post Sale Issues………………………………………………………………………….. 42
Right of possession…………………………………………………………………..… 43
Protecting Tenants at Foreclosure Act of 2009………………………….… 43 Surplus……………………………………………………………………………………… 45
Deficiency judgment………………………………………………………………….. 45 Bankruptcy……………………………………………………………………………….. 49
Florida’s Expedited Foreclosure Statute………………………………………. 49
Common Procedural Errors………………………………………………………… 50
Mortgage Workout Options……………………………………………………….… 51
HSBC never posted the bond and proceeded to foreclose, violating a specific court order. Eslava’a attorney Shaleen Khan, sought to overturn the sale based on HSBC’s violation. Outcome – let’s just say that Judge Bailey wiped the floors with William Huffman, who represented HSBC through Florida Default Law Group.
Almost holding Huffman in contempt, not only did Judge Bailey overturn the foreclosure, she wiped out Enslava’s entire $207,000 mortgage. Bailey blasted Huffman saying the order she expects performance not apologies and complained about the general “chaos and disorganization” of lenders and their lawyers.
Judge Bailey states ” FLORIDA DEFAULT can cut whatever deal it wants to cut with them, but at the end of the day the bank is responsible for this!
Recent Comments