4th DCA Meenu Sasser REVERSED | La Salle Bank v. Parker – Affidavit of Diligent Search and Inquiry was Insufficient, Final Judgment Voidable

Reversal of our favorite neighborhood foreclosure judge…

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2011

CATHERINE PAIGE PARKER, et. al.,
Appellants,

v.

LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF THE STRUCTURED ASSET SECURITIES
CORPORATION, STRUCTURED ASSET INVESTMENT LOAN TRUST,
MORTGAGE PASS-THROUGH CERTIFICATES M SERIES 2003-BC8,
Appellee.

No. 4D10-482

[August 10, 2011]

Appellee LaSalle Bank (“LaSalle”) filed a complaint to foreclose on a note and mortgage o n February 12, 2009. LaSalle unsuccessfully attempted to personally serve Parker. LaSalle then filed an affidavit of constructive service with an affidavit of diligent search and inquiry from Scott Harris, process server, showing that personal service could not be made despite a diligent search and inquiry to determine the whereabouts of Parker. LaSalle constructively served Parker by publishing notice of action in the newspaper two weeks in a row, on May 27, 2009, and June 3, 2009.

A default and final judgment of foreclosure was entered in LaSalle’s favor, and a public sale was scheduled for December 1, 2009. On December 22, 2009, Parker filed an emergency motion to quash service of process. After a n evidentiary hearing, the trial court denied the emergency motion to quash, stating that service was proper. We determine that LaSalle did not conduct a sufficient diligent search and inquiry to support constructive service of process and reverse the trial court’s decision.

Full opinion below…

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4closureFraud.org

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4th DCA La Salle Bank v. Parker

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Comments
7 Responses to “4th DCA Meenu Sasser REVERSED | La Salle Bank v. Parker – Affidavit of Diligent Search and Inquiry was Insufficient, Final Judgment Voidable”
  1. Meenu was reversed AGAIN???

  2. housemanrob says:

    For many courts and their judges…….not all mind you………..MONEY TALKS, EVERYONE ELSE WALKS……attitude is applied in the literal sense.

  3. housemanrob says:

    We all knew that Sassers’ decisions would be reversed…..it was just a matter of time. Just a little piece of justice…more to come……

    • eif says:

      We can hope so, yes, regarding the “more to come” (sigh) in your post;

      thanks much for it.

      And isn’t it amazing ( [a] startling, but [b] creates horrendous mazes as well) …

      how little real effort or diligence will “serve” for individual and families and commercial owners as well to lose, well, just about everything.

      elders.in.foreclosure@gmail.com

  4. leapfrog says:

    HA HA HA. If this awful woman gets enough reversals won’t that end her political aspirations and maybe get her corrupt ass off the bench?

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