No Summary Judgment Here – Affidavit for Amounts Due and Owing Insufficiant, Hearsay
Listen up Foreclosure Fighters.
What we are starting to see here is a pattern of Judges not excepting these affidavits from these robo-signers.
I can tell you that, if properly challenged, they will pull the affidavits across the board.
Don,t let that stop you from deposing these people, because once you do it will clearly show that they DO NOT have the authority to produce them. It will also show you they know absolutely nothing about the documents that they are signing even though they state it is of their personal knowledge.
Below is a transcript of how one Judge, in Palm Beach County, DENIED a motion for summary judgment on pending issues, including the insufficient affidavit.
Another key issue was an affidavit presented by the defense from Expert Witness Lynn Szymoniak regarding the fraudulent assignment presented in the case.
Lynn’s expert testimony has stopped many foreclosures in its tracks.
If you are interested in talking to Lynn about her services she can be reached at firstname.lastname@example.org and just tell her 4closureFraud sent ya…
Some excerpts from the transcript…
THE BANK OF NEW YORK TRUST
COMPANY, N.A., AS TRUSTEE FOR
CHASEFLEX TRUST SERIES 2007-3,
DAVID J. MOSQUERA; ELIZABETH
THE COURT: Okay. Without going into
anything else, I’m not about to enter a motion —
granting a motion for summary judgement based onan affidavit of Mr. Reardon.
MR. CHANE: Your Honor, there is simply no — there’s no basis to –
THE COURT: I’m sorry. It’s just — it
basically just says he looked at some records. I
don’t know what he looked at and he plugged some
MR. CHANE: Your Honor, it’s based on his
personal knowledge. That’s all he needs to do
according to the Rule.
THE COURT: Well, motion denied.
MR CHANE: On what basis, Judge?
THE COURT: On the basis that the Court
fears that there are many issues of fact to be
determined. This is not a matter in which
everything is undisputed.
MR. CHANE: What issues of fact?
THE DEPUTY: Sir, the Judge ruled. The
hearing is over.