Palm Beach County Chief Judge Blanc Post Dates Latest Administrative Order on Summary Judgments

Now, it is nice to see that the courts in PBC are making an effort to somewhat follow the law RE FL Rules of Civil Procedure regarding summary judgments in foreclosure cases…

Ignore the fact that “opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

We all know that is a total FAIL. (robo-signers, forgeries, perjury and felonies)

No “widespread problems here”, right?

What we are talking about below is “Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

1.510 Summary Judgment

e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

Latest administrative order…

Since we haven’t been following the rules up to this point…

As you can see, the order is effective Jan 3rd 2011 but not “signed off” on until Dec 2nd 2011.

Yes, it is most likely a typo, but from our experience on how the verification of mortgage complaints played out earlier this year with the “rehearing” controversy on when it was actually in effect or not raises questions…

I can see the plaintiffs attorneys now…

“Is this order valid on Jan 3rd 2011 or Dec 2nd 2011 possibly going back to Jan 2011 etc?”

“Your honor, yes it is “effective” in Jan 2011 but technically you haven’t signed off on it yet.”

It also brings up the question of, do these judges ever read anything before signing it?

If they can’t even get their own administrative order dated correctly, how can the public be assured they are reviewing the foreclosure cases before them properly?

After all, it is all about quantity and not quality, right?

Gotta get those “deadbeats” out of the homes and sell them to the “productive people” to get the economy back on track…

Unfortunately, nobody but “investors” are buying these toxic titled properties…

Not much different than the last boom and bust cycle, bunch of empty houses that speculators paid too much for…

Anyway, thought I would do my part and give the court a heads up on their mistake so they can correct it accordingly…

Original Administrative order can be found on the Circuits website here…

(UPDATE: Order has been updated on the PBC website to reflect the correct date of Dec 2 2010)

~

4closureFraud.org

Comments
9 Responses to “Palm Beach County Chief Judge Blanc Post Dates Latest Administrative Order on Summary Judgments”
  1. RAMONA says:

    Jesus! right just investers(vultures) flying around family homes, oh and don’t forget the city putting aside our tax dollars to get in on the prime pickins. it sickens me ..

  2. J A says:

    No wonder everyone else in the country calls this state Flori-duh.

    But it’s deliberate stupidity, like the kind GWB was/is such a master at, done as a way to deflect blame. They all know what they’re doing. Florida has been run by org crime for a long, long time, and for that reason, I find it hard to maintain hope that anything will ever change here.

  3. lisamarie says:

    The only way these fraudulent foreclosure gangsters( lawyers ) are going to slow their roll is when there are true consequences when they get busted. You always hear about them getting busted but never do you here about any sanctions. If they know there are no consequences for fraud and perjury why not try it? Usually works well for them.

  4. George says:

    and the comedy of errors just rolls on….
    OUR COURTS ARE BROKEN
    WHAT DOES IT TAKE FOR THWM TO WAKE UP
    FLORIDA IS THE LAUGHING STOCK OF THE ERTIRE EAST COAST

  5. Lela says:

    Do we really need an order reiterating an already existing rule, HELLO! I thought attorneys are expected to know the rules- It’s called ethics and good lawyering. We do not need a refresher law course; we need Sanctions!

  6. indio007 says:

    Another useless order. Now the affiant will be presumed to have read and have direct knowledge of the payment records just because they made use of a stapler. This solves nothing.

    The reason judges aren’t coming down on witnesses for not reading stuff is because they don’t read stuff either. LAZY!!!!!!

  7. lisamarie says:

    This whole country needs to take a good look at Judge Arthur Schack. If we had Judges like him sitting in every court room across the USA all the monkey business would come to a screeching halt and the laws would get some respect again.

  8. lisamarie says:

    The courts need to do alot more than just require some attorney to ‘swear’ these affidavits of ownership and payment history are correct. These foreclosure attorneys have proved a thousand times over they are not above lying, perjury, and fraud to win a foreclosure case. Illegal foreclosure has not slowed down a bit. They need to require REAL documents and no more ‘the dog ate the note and mortgage’

  9. Lit Gant says:

    Ah, and a Chief over Robo-Stampers is so sharp in his legal authority he cannot even sign a properly dated order. Yes it may be a typo, but as a matter of law if this is not corrected his order is as good as a faked notary seal. Now how is it this Chief of the robo depends senior boys will quickly correct his fraudulent document, and yet his robonauts of the rocket docket will not demand correction of false addidavits? This is an example of how messed up our courts are. And he signed this thing and DIDN’T EVEN READ IT. He did not do what his order demands. What a hoot. This is pie in the face. I think he should just resign and go hide somewhere in a vacant foreclosed house until it is sold at auction. Hey, I will bring him some hotdogs from Checkers and even have them add chili on it. Sir, read the stuff you sign. And make sure you order this to all your robo signing judges.

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