Another 4th DCA Smackdown – David Stern for Citi Mortgage Summary Judgment REVERSED

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2010
STELIAN LAZURAN,
Appellant,
v.
CITIMORTGAGE, INC., DAVID STERN, P.A., UNKNOWN SPO– USE OF
STELIAN LAZURAN, if any, ADRIANA ANCUTA LAZURAN a/k/a
ADRIANA LAZURAN, UNKNOWN SPO– USE OF ADRIANA ANCUTA
LAZURAN a/k/a ADRIANA LAZURAN, if any, ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE
HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPO– USES, HEIRS, DEVISEES, GRANTEES
OR OTHER CLAIMANTS, THE BOULEVARD FOREST LAKE
MANAGEMENT ASSOCIATION, INC., CITIBANK, N.A. SUCCESSOR BY
MERGER TO CITIBANK, FEDERAL SAVINGS BANK, JOHN DOE, and
JANE DOE AS UNKNOWN TENANTS IN POSSESSION,
Appellees.
No. 4D09-1340
[June 9, 2010]

GERBER, J.

We reverse the circuit court’s final summary judgment of foreclosure against Stelian Lazuran (the “defendant”). Citimortgage’s complaint alleged that all conditions precedent to the mortgage note’s acceleration had been fulfilled, and Citimortgage’s affidavit in support of its motion for summary judgment stated “[t]hat each a n d every allegation in the Complaint is true.” Such a conclusory allegation is insufficient to refute the defendant’s affirmative defense that Citimortgage failed to provide him with notice of the acceleration pursuant to the procedures specified in paragraph 22 of the mortgage. Therefore, reversal is required. See Frost v. Regions Bank, 15 So. 3d 905, 906-07 (Fla. 4th DCA 2009) (“Because the bank did not meet its burden to refute the Frosts’ lack of notice and opportunity to cure defense, the bank is not entitled to final final summary judgment of foreclosure.”).
Visit 4closureFraud.org for the latest info.   No charge and not selling anything unlike sites that copy and paste this entry as their own without permission or accreditation.
Reversed.
POLEN and LEVINE, JJ., concur.

* * *
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald J. Rothschild, Judge; L.T. Case No. 08-45895 (08). Mitchell Sens of Law Office of Mitchell Sens, P.A., Plantation, for appellant. Jennifer E. Seipel of Butler & Hosch, P.A., Orlando, for appellee Citimortgage Inc.
No appearance for other appellees. Not final until disposition of timely filed motion for rehearing.

~

4closureFraud.org

Stelian Lazuran, Appellant, V. Citimortgage Inc., David Stern, p.A

Comments
3 Responses to “Another 4th DCA Smackdown – David Stern for Citi Mortgage Summary Judgment REVERSED”
  1. Another Florida lawyer that can't stand Stern says:

    Stern’s latest trick to show what a standup firm that is – they fired a man who had been a loyal employee for years – long before this firm went to hell. He made the mistake of developing lung cancer so Stern had his protege fire him – not even the managing attorney but Buddy’s protege and friend, That is simply cruel. Three days later Buddy died. There are a lot of people that loved Buddy and it was a DUMB move by Stern. But then Stern isn’t interested in anyone but Stern. He’ll take his money and run.
    All I can think of when I think of Stern is fraud, corruption and cruelty

  2. lisamarie says:

    How excellent. The law being applied.

  3. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    So, the old “It is true because we say it is true” ploy didn’t work. LOL

Leave a Reply