Judge Meenu T. Sasser REVERSED | FL 4th DCA – Peterson v. Affordable Homes of Palm Beach, Inc.

LINK – Lawsuit claims that Florida’s largest foreclosure firm faked documents

Aug 3, 2010 I haven’t seen any widespread problem,” Sasser said.
The same Judge Meenu Sasser who’s office was found to have been engaging in improper
www.palmbeachpost.com/…/lawsuit-claims-that-floridas-largest-foreclosure-firm-faked-839393.html

 

Google Screen Shot

This was from this exact search in Google

“I haven’t seen any widespread”

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Although the link above is not directly linked to the case below, it goes to show that Sasser didn’t see any “widespread problems” with fraud in foreclosures…

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EDITH C. PETERSON, individually, EDITH C. PETERSON as Trustee of the ECP Trust, and John Doe, Tenant, Appellants,
v.
AFFORDABLE HOMES OF PALM BEACH, INC., Appellee.

No. 4D09-5180.

District Court of Appeal of Florida, Fourth District.

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Fla. Appeals Court To Trial Judge: Pending Affirmative Defenses, Counterclaim Preclude Execution Of Judgment; Score Another Win For Pro Se Homeowners

Palm Beach County Circuit Court Judge Meenu T. Sasser was the guilty trial judge in this basic screw-up involving fundamental issues of law.

In granting the request of a self-represented homeowner, the three-judge appellate court panel gave trial court Judge Sasser this lesson on basic Florida law applicable here:

* “Courts have repeatedly held that, where summary judgment is granted for a plaintiff and a counterclaim remains pending, the trial court should stay the execution of the judgment pending the resolution of the counterclaim.” Tooltrend, Inc. v. C.M.T. Utensili, S.r.l., 707 So.2d 1162, 1162 (Fla. 2d DCA 1998).

“[T]he issue of fraud, raised by appellants as a defense and counterclaim, is usually considered a jury question and is not ordinarily appropriate for summary judgment proceedings.” L & S Food Servs., Inc. v. Roberts Cafeteria, Inc., 422 So.2d 45, 45 (Fla. 2d DCA 1982). See also Millennium Group I, L.L.C. v. Attorneys Title Ins. Fund, Inc., 847 So.2d 1115, 1117 (Fla. 1st DCA 2003) (stating that when summary judgment is granted for one party and a counterclaim on an original claim remains pending, the trial court should stay the execution of the judgment pending the resolution of the remaining claim).

Here, allowing the foreclosure action to proceed before deciding Peterson’s counterclaim effectively denied Peterson the right to a jury trial, which she had demanded in her counterclaim. See Del Rio v. Brandon, 696 So.2d 1197, 1198 (Fla. 3d DCA 1997). “The purpose of the compulsory counterclaim is to promote judicial efficiency by requiring defendants to raise claims arising from the same `transaction or occurrence’ as the plaintiff’s claim.”

Id. In Londono v. Turkey Creek, Inc., 609 So.2d 14, 20 (Fla. 1992), our supreme court explained “transaction or occurrence,” using the “logical relationship test” in order to determine whether a claim was compulsory:

A claim has a logical relationship to the original claim if it arises out of the same aggregate of operative facts as the original claim in two senses: (1) that the same aggregate of operative facts serves as the basis of both claims; or (2) that the aggregate core of facts upon which the original claim rests activates additional legal rights in a party defendant that would otherwise remain dormant.

Id.

Here, Peterson’s counterclaim alleged fraud on the part of Affordable Homes in connection with the purchase of the property. Her counterclaim was compulsory, as issues of fact which were “logically related” remained as to the liability of Affordable Homes. Thus final summary judgment of foreclosure should not have been ordered before the trial court considered it.

We therefore reverse the order granting summary judgment and remand this cause for further proceedings.

Full opinion below…

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4closureFraud.org

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Peterson v. Affordable Homes of Palm Beach, Inc.

[scribd id=59443992 key=key-1955iast3e4t62u15fod mode=list]

Comments
12 Responses to “Judge Meenu T. Sasser REVERSED | FL 4th DCA – Peterson v. Affordable Homes of Palm Beach, Inc.”
  1. lizinsarasota says:

    Well, OK. I want to know what’s going to happen to the mortgage fraud that happened BEFORE we were all talking about “robosigning” and “foreclosure fraud”? What’s going to happen to those of us whose cases predate all the benchmarks: In Re Fagan (2007), In Re Wilson (starting in 2008), the publication of Max Gardener’s “Top 200 Signs You’ve Got a False Document” in the Florida Bar CLE “Hard Times” in January 2009…
    What are the courts going to do about my case, filed in 2006 by Shapiro & Fishman on behalf of WAMU, and featuring a summary judgment – despite affirmative defenses including standing and slander of title – with a big fat fraudulent affidavit (so obvious when you know what to look for!). What are the courts going to do about the HUNDREDS OF THOUSANDS of summary judgments handed down in foreclosure cases based on affidavit FRAUD??
    I’m still standing. I’m still in my home. I’ve been treated like a wild-eyed crazy lady in the 12th Judicial Circuit for FIVE YEARS come November. I’m sick of this shit. I want it to stop. I want it to go away. I feel it is a colossal WASTE OF TIME. It’s a WASTE OF MY LIFE.
    But, you know, this is the hand that’s been dealt to me. I didn’t seek it out – it was thrust upon me. I will not stop. I will not quit. I will not go away. I will not be cheated out of my home by a bunch of people who are without any concept of the ethics they claim to hold so dear. I would not trade places with them for any amount of money. Nothing would induce me to behave the way the people at the banks, the foreclosure mill attorneys and the judges (who also displayed a disturbing moral flexibility), the notaries, and the robosigners who have all played their part in this amazing, deliberate, concerted attack on our judicial system – how those people can sleep at night and hold themselves up as role models to their children is beyond me.
    I want justice. For me. For all the poor SOBs who never imagined that the banks would lie and cheat and commit fraud on the courts in a way never before attempted, never before possible without widespread collusion on the part of dishonest attorneys, in Florida and across the country.
    I believe what has happened to us strikes at the very heart of our nation. It cannot be allowed to stand.
    Yesterday I spoke to my Toastmasters club. The title of my speech was “A Layman’s Guide to Filing an Ethics Complaint with the Florida Bar against a Foreclosure Mill Attorney: How to do it and Why You Must.” (I always do go for the long titles…)
    I read to them from In Re Fagan. I read to them from In Re Wilson. I showed them what a robosigned fraudulent affidavit looked like. Twenty influential people in my community who didn’t really “get it” before my speech. Well, they get it now. They will spread the word.
    We all need to spread the word. What are you waiting for?

    • lvent says:

      We were set up Liz.Some people will never get it. If it didn’t happen to us we wouldn’t get it either most likely.There are investigations finally beginining to happen. FISHER AND SHAPIRO, FANNIE MAE’s CRIMINAL ATTORNEY NETWORK had 1700 FORECLOSURE COMPLAINTS THROWN OUT OF COURT IN MARCH IN COOK COUNTY, IL. FOR PHONY, FRAUDULENT AFFADAVITS. There was a Government sting on Fisher and Shapiro and PHH mortgage who are the same crooks trying to fraudclose on me. They got caught RED HANDED removing signature pages so now I hear they can’t fraudclose on anybody. Don’t give up. That is what they want.

    • Readdocs says:

      It is important you keep speaking out, and educating the unknowing. Especially as your widening speeches start to reach those who had fraudulent foreclosures back in the early aughts, and back into the late 1990s.
      If more counties began to do forensic audits of the land records, seeking the fraud that will expose itself it will
      become widespread. The crooks can no longer hide this, it’s too big, and it’s out of their control.
      They can’t walk this back into the bottle
      Talk about this to friends, family, neighbors, co workers, the local store employees, people you have coffee with,strangers. Everyone.
      The more it’s talked about, the more exposure will happen. Ask if you can after worship services you can do a
      public announcement to the congregation. We all need to know. We need to know all of it.

  2. Dianne Boyter says:

    Does anyone know if it is better to file a lawsuit against your lender in Federal or State Court? They both seem equally corrupt.

    I have to file soon, just no clue which one.

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

    Quite simply Sasser didn’t follow the rules, and probably knew it. No doubt she was counting on defendant not being able to muster for an appeal. Very few fight a foreclosure to start, and even fewer manage an appeal when they lose.

    Good for Peterson to insist on her rights to procedural due process, and to serve up some crow to Sasser.

  4. concerned says:

    This is on example of why she was removed from foreclosure bench duty….

  5. lies all of it says:

    amen

  6. leapfrog says:

    Haha, you wretched beotch. Take THAT! When are the people of Florida going to demand your corrupt crooked ass be DE-BENCHED and clawback on any pension that you have coming?

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