Whoa! Brevard County Foreclosure Court Holds Banks and Fraudclosure Mills’ Feet to the Fire

Can it be true?

Let’s have a look…

From The Brevard Times

Brevard County Foreclosure Court Holds Banks and Fraudclosure Mills’ Feet to the Fire

The Brevard County Mortgage Foreclosure Division issued its third revised policies and procedures last month. Excerpts from these policies and procedures are posted below, along with bold highlights and italics to make for a quicker read:

Affidavits/Acknowledgements

The Court continues to see hybrid jurats on affidavits and some affidavits which conclude with “to the best of my knowledge and belief.” To be an affidavit, the Notary Public or other officer taking the oath must state in the jurat that the party was sworn and that the matters in the affidavit are true.

There also appears to be a misconception as to the meaning of a verified pleading when allowed by a statute or rule of procedure. There also appears to be a misconception of the meaning of language necessary for an oath or affirmation versus an acknowledgement. The question arises frequently in certain actions under the prejudgment writ of replevin statute and prejudgment writ of garnishment statutes.

An oath or verification requires a swearing or affirmation which would subject the person signing the pleading to a prosecution for perjury if the facts sworn to be true are false and the person knew they were false when sworn to or affirmed.

An acknowledgement is a statement by a person qualified to take oaths andacknowledgements that the person purporting to sign the document (such as a deed) produced identification or was known personally and stated that he or she was the person who signed the document, not that the content of the document is true.

An oath or verification which is qualified by “to the best of my knowledge and belief” does not fulfill the requirements of verification or oath or affirmation unless specifically permitted by the applicable rule or statute such as a personal representative of an estate who cannot have personal knowledge of all the facts but must rely on others. See Rule 5.020(e), Fla. Prob.R. and Section 731.104, Florida Statutes 2009 as examples.

And it gets better from there…

You can check out the rest of this post here…

Full revised policies and procedures below…

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4closureFraud.org

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Comments
5 Responses to “Whoa! Brevard County Foreclosure Court Holds Banks and Fraudclosure Mills’ Feet to the Fire”
  1. Maria says:

    Hopefully the Duval County Courthouse will do the same….

  2. Eugene Villarreal says:

    Tsunami In New Jersey ! ! ! ! !
    First, allow me to say I have the upmost respect to all the people of and in Japan when this on going disaster befell upon them.
    Our disaster is about to happen and there is no aid of any kind available to the homeowners in New Jersey. Even with all the warnings and sirens, the judges are still deaf and dumb. If they stand for anything, they need to stand now against this ” Order To Show Cause” that the banks wrote for the New Jersey Supreme Court Justice or forever hold your peace because you will be GUILTY AS CHARGED along with your other co-conspirators.
    The purpose of the ” Order To Show Cause ” was to address the issues in New Jersey where there are 95% of UNCONTESTED foreclosure cases and DUE PROCESS was ignored. Now that the appointed Special Master to the ” Pleading and Irregularities ” has ” Recommendations and Stipulations ” that amount to CRAP. No Penalties or Sanctions against the six banks. EVERTHING IS FINE, NO NEED.
    They we only focused on the robo-signers who will continue to submit CERTIFICATIONS instead of AFFIDAVITS as required by the laws that were already in placed for several years but NOT ENFORCED by the judges.So now, they neatly insert ” AFFIDAVITS/ CERTIFICATIONS in HIS Recommendation.
    By continuing the CERTIFICATIONS that JP Morgann Chase,Chase Home Finance says they will continue to submit, will allow the robo-signers to attest to Proof of Amount Due and that the Plaintiffs are the party of interest in the foreclosures. Homeowners will be DENIED DUE PROCESS because the judges/courts are NOT upholding the laws.
    It’s NOT all about the robo-signers, it’s about the banks and servicers not being a party of interest in foreclosure. Everyone must challenge their foreclosure or a Tsunami will be coming toward you..

  3. It should be noted that senior Judge Charles Holcomb, the author of the policies and procedures, is up for review, and is one we would want to keep!

  4. MARIO KENNY says:

    I guess too many homes have been vacated and the city and judges are seeing that their wanton ignorance did not work and cannot work going forward, LOL I can only think that something has occurred that made these under Educated, Judicial jokers are seeing the light, this is good, we are beginning to see some real change on the edge of the cliff.

    I know a Lee County Judge whose home is worth nothing, he must be feeling it..

    • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

      Good point on the value of the judge’s house.

      2.5 years ago I conversed with an attorney who was expressing an interest in taking my case pro bono. He said he had to confer with his partner. Several days later we spoke again and he said he had to decline as it would simply be too time consuming, and too costly.

      I told him he could not afford to NOT represent me, and proceeded to give him a laundry list of the multitude of ways it was going to cost him, INCLUDING loss to his 401K, loss to his pension, reduced value of HIS home.

      I’ve thought about calling him again, but that would be kind of gamey on my part in a “Told ya so” way.

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