RULING MAY COMPLICATE LOAN CRISIS

Ruling might further complicate loan crisis

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At issue is the use of sworn affidavits that convinced circuit judges the borrower’s original promissory note had been lost in the shuffle but that the lender still had a right to foreclose. Experts likened it to a used car dealer selling a vehicle using a photocopy of the title.

Circuit court judges have been using such promises to issue summary judgments, which have sped cases along at a time when the courts have been inundated.

Observers say the rulings from the 1st District Court of Appeal in Tallahassee and the 4th District Court of Appeal in West Palm Beach could become templates for more challenges.

It is unclear just how many cases could be affected — the chief judge in this region’s circuit says foreclosure paperwork is carefully scrutinized by teams of case managers — but the rulings come as the system already is dealing with disruptions from self-imposed bank moratoriums to deal with questionable paperwork.

“It is the culmination of the worst civil procedure nightmare we’ve ever imagined,” said Anne L. Weintraub, a real estate attorney at Sarasota’s Syprett Meshad law firm, referring to the recent appellate rulings.

What happens next could have widespread implications for the more than 200,000 Floridians who have lost their homes to foreclosure since January 2007, including the more than 12,000 in Manatee, Sarasota and Charlotte counties.

ANOTHER FL WIN! FLORIDA 4th DCA APPEALS COURT SERVEDIO v. US BANK

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

P RESEN T:
HON. ARTHUR M. SCHACK

HSBC BANK USA, N.A., AS INDENTURE TRUSTEE
FOR THE REGISTERED NOTEHOLDERS OF
RENAISSANCE HOME EQUITY LOAN TRUST
2005-3, RENAISSANCE HOME EQUITY LOAN
ASSET-BACKED NOTES, SERlES 2005-3,
Plaintiff,

– against –

CANDIDA VALENTIN, CANDIDE RUIZ, et. al.,

Excerpts:

Additionally, plaintiff HSBC must address, a third matter if it renews its application for an order of reference. In the instant action, as noted above, Scott Anderson, as Vice President of MERS, assigned the instant mortgage to HSBC on May 1, 2007. Doris Chapman, the Notary Public, stated that on May 1,2007, “personally appeared Scott Anderson, of 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409.” In HSBC Bank, N.A. v Cherry, 4t 3, I observed that:

Scott Anderson, in his affidavit, executed on June 15,2007, states he is Vice President of OCWEN. Yet, this June 13,2007 assignment from MERS to HSBC is signed by the same Scott Anderson as Vice President of MERS. Did Mr. Anderson change his employer between June 13,2007 and June 15,2007. The Court is concerned that there may be fraud on the part or HS I E , or at least malfeasance. Before granting an application for an order of reference, the Court requires an affidavit from Mr. Anderson describing his employment history for the past three years.

Plaintiff has failed to submit “proof of the facts” in “an affidavit made by the party.” The affidavit is submitted by Jessica Dybas, “a Foreclosure Facilitator of OCWEN LOAN SERVICING, LLC, servicing agent and attorney in fact to the holder of the bond and mortgage sought to be foreclosed herein.” There must be an affidavit by an officer of HSBC or a servicing agent, possessing a valid power of attorney from HSBC for that express purpose. Additionally, if a power of attc mey is presented to this Court and it refers to pooling and servicing agreements, ihe Court needs a properly offered copy of the pooling and servicing agreements, to determine if the servicing agent may proceed on behalf of plaintiff. (EMC Mortg. Corp. v Batistu, 15 Misc 3d 1143 (A) [Sup Ct, Kings County 20071; Deutsche Bank Nut. Trust Co. v Lewis, 14 Misc 3d 1201 (A) [Sup Ct, Suffolk County 20061).

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.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

THE BANK OF NEW YORK TRUST
COMPANY, N.A., AS TRUSTEE FOR
CHASEFLEX TRUST SERIES 2007-3,

-vs-

DAVID J. MOSQUERA; ELIZABETH
MOSQUERA;

ICE LEGAL does it again…

Thank you to Lynn Szymoniak for her Expert Witness Affidavit used in this foreclosure case!

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.