Explosive | FL 4th DCA Reversal RE Affidavit of Indebtedness – GLARUM v LASALLE BANK NATIONAL ASSOCIATION

“I think a whole lot of summary judgments on these foreclosures are not valid because of this,” said Trawick, who is also concerned about how allegedly bogus affidavits will affect getting clear title to homes. “The real problem ahead of us is years to come when all these properties are being sold.”

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Another Judge Meenu Sasser Reversal!

She had THREE today btw…

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Ruling in Wellington case could further complicate Florida foreclosures

In a decision that could have staggering implications on foreclosure proceedings statewide, an appeals court ruled Wednesday in favor of a Wellington homeowner whose bank filed documents sworn to by employees with no personal knowledge of the case.

The ruling from the 4th District Court of Appeal reversed in part a 2010 Palm Beach County Circuit Court summary judgment that said the homeowner owed LaSalle Bank $422,677.

That amount was based on an affidavit of indebtedness signed by loan servicer employee Ralph Orsini who pulled the information from a company computer _ a move that appeals court judges said amounts to hearsay.

“Orsini did not know who, how, or when the data entries were made into Home Loan Services’s computer system,” the decision states. “Orsini could state that the data was accurate only insofar as it replicated the numbers derived from the company’s computer system.”

The ruling means the home, which has been in forelcosure since September 2008, can’t go to a foreclosure sale until the bank either gets another summary judgment or goes to trial.

Tom Ice, whose firm Ice Legal represents the homeowner, said Wednesday’s decision hits at the essence of the nation’s foreclosure robo-signing scandal in which tens of thousands of foreclosure court documents were signed by people swearing that they had personal knowledge of cases when they did not.

While some lenders called the document problem a technicality, foreclosure defense attorneys called it perjury and fraud.

Be sure to check out the rest here…

Full opinion below…

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4closureFraud.org

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Glarum v Lasalle Bank National Association

Comments
18 Responses to “Explosive | FL 4th DCA Reversal RE Affidavit of Indebtedness – GLARUM v LASALLE BANK NATIONAL ASSOCIATION”
  1. housemanrob says:

    Poor girl….now they may ask her to return her ill gotten gains! I can hear it now………Judge, but they overturned your case so you’ll have to return your share. LOL

    • lvent says:

      The greeedy judges and politicians surely don’t even have mortgages….their homes were paid by the U.S. TAXPAYER for screwing the U.S. TAXPAYER…..THE PEOPLE THEY PISS ON IN COURTROOMS EVERYDAY AND STEAL THEIR HOMES FROM FOR DEBTS THEY DO NOT EVEN OWE…, THE PEOPLE WHO FUND THAT WHOLE CRIME SYNDICATE OPERATION UP ON WALL STREET…
      Off topic a bit but, not only does Gov. Quinn of Illinois want to fire thousands of Govt. workers to make budget but now it is being reported that Quinn, wants to release all of the illegal immigrants from prison who have committed non-violent crimes…..and not deport them…WTF????.

      • I vent….The issues on the illegal immigrants I feel are all in the same blueprints of the NWO…Obama and others would not do a damn thing about it…that was a dead give away what side our government was on…it was not only to the cost given to the illegals through food stamps, medical and housing and schooling…….but the real reason nothing was done was to intermix them here …because Obama was and is for no borders under the NWO..One World, One Government, One Religion (Satan)…..Notice how fast Obama and the DOJ spoke of the lawsuites against Arizona? And ignored this country when we asked for help to fight the fraudulent frig’en foreign bastard banksters ? They have fooled no one….Did your Governor even mention the Americans in prison…to release them also? .If not, than he also is the scum of the earth……

      • lvent says:

        Marilyn, no Americans will be released, just illegal immigrants….I think the NWO are trying hard to foment a revolt…so they can throw us all in the hoosgow..They will probably call them potential terrorist detention centers…that is how sick these bastards are…..I had an attorney tell me and my husband to fly under the radar….Who could have imagined this could be happening in the GOOD OLE U.S, OF A , WELL IT IS….They are letting out the illegal immigrants to PISS US OFF and say, take that, we can do whatever we want……The illegal immigrants won’t fight back in a revolution…they don’t have a clue about what we all know is going on….Quinn is a NWO piece of shit… I did not vote for any of the bastards…my Dad hates his guts and said he did not vote for him either……I think the last 2 elections they put all the spawns of satan in place….Millions of Illinoisans are calling for Quinn to resign….It just proves that party does not matter…Wisc. has the Republicon Nazi Walker and we have the Demorat Nazi Quinn… I called Quinns office last fall about the Mortgage fraud….I talked to a really nice man from his office….this was before election time…I asked him if there was going to be a moratorium on fraudclosures…He said Quinn’s hands are tied…that is up to the ILGA….and they do not want to do anything to help the people….I said is it the Repubs or the Dems…he laughed and said I better do my homework….After I did my homework I fully realized what he meant…they are all corrupt and useless…The evil is all around us….I know why Quinn is kissing the illegals asses…he wants their votes…they are uneducated about the way a democracy is supposed to work and they NWO plans to use that to their full advantage…Quinn announced a couple weeks ago he wants to give free college to the kids of illegal immigrants…The writing is on the wall….Then of course we have the Rahmfather for mayor of the city and we all know who he is working for…..Michael Savage said we will all be lucky if we live through this….The man aint lyin about that……these are perilous times for sure…The people really have to come together here in a big way and get on the same page in a hurry…What they are planning is nothing good that’s for damned sure…!

  2. talktotennessee says:

    Banks have misrepresented fact so long they seem to be in disbelief that courts will not sanction their illegal activities. I applaud courage judges exhibit in defining intent of law rather than expediency. When courts focus solely on borrower default, they fail to view bank manipulation for what it really is, an effort to entrap, falsify and foreclose at any cost. Had banks reduced principal, modified loans and helped borrowers avoid default when the housing bubble burst, things might have been totally different for homeowners, banks and investors. In the banks’ efforts to cover their highjinks, they sought foreclosure as a method to legitimize their actions. As a result no one benefitted including the banks. You could say rulings like this and others that now hold banks accountable for errors may be a little late but are definitely on target.

  3. lizinsarasota says:

    Hallelujah.
    This opinion from the US Bankruptcy Court of the Eastern District of Louisiana is worth reading again.
    In Re: Wilson, April Memorandum:
    http://www.scribd.com/doc/52867919/In-Re-Wilson-Memorandum-Opinion-07-Apr-2011 (start around page 18)
    For people who think affidavits are just details, the Court would beg to differ:
    “Default affidavits are a lender’s representation as to the status of a loan. They are routinely accepted in both state and federal courts in lieu of live testimony. They are an accommodation to the lending community based on a belief by the courts that the facts they present are virtually unassailable. The submission of evidence by affidavit allows lenders to save countless hours and expense establishing a borrower’s default without the need for testimony from a lending representative. While they can be refuted by a borrower, too often, a debtor’s offer of alternative and conflicting facts is dismissed by those who believe that a lender’s word is more credible than that of a debtor. The deference afforded the lending community has resulted in an abuse of trust.” (from April Memorandum, page 21)

    Oh, and by the way, last August – more than a year ago – after a crushing, belittling experience pro se in the 12th Judicial Circuit, I asked Mr. Henry Trawick for a few moments of his time. He ended up giving me 45 minutes, and I laid my case out for him: phony, forged, and robosigned affidavits and assignments and all.
    He told me I had a case. I’ll tell you what – if Mr. Trawick says you have a case, you’ve got a case! So I soldiered on. I have two copies of Mr. Trawick’s Practice and Procedure sitting right here on my desk.
    Thank God for old school attorneys who have scruples and respect for the integrity of the law and take pride in their profession! There are too few of them around, that’s for damn sure. Just think of the thousands of esquires with their plastic morals who’d throw their first born under the bus to defend this fraud. Hell, it’s not a case of “would throw” – it’s a case of “THROW.” They don’t give a darn that what they are so eager to defend with every last breath in their skanky bodies is FRAUD. They don’t care that it has torn apart and nearly bankrupted the very system that they take their authority from: our courts.
    We believe, as Americans, that we have a right to justice. One Nation, Under God, With Liberty and Justice For All. Those aren’t just idle words. America is the greatest nation ever conceived. That’s why we all should get down on our knees every day (especially us girls!) and thank the Almighty that we are Americans. And that’s why it’s so offensive, so damned offensive to see the very people we should be able to count on as our leaders abuse this nation of laws the way they have.
    All you mortgage brokers. All you bankers. All you representative for the banks who lied. All you people operating the phone banks who shuffled us around and kept us on hold. All you judges who looked the other way. All you attorneys, all you attorneys who started the problem, all you attorneys who have been called in to clean up the original attorneys’ mess, all you employees at foreclosure mills, all you employees at Lender Processing Services, all you robosigners and notaries who have abused your position of trust: you’re nothing but NAZIS. NAZIS. You’ll say you were just taking orders. You’ll say you needed a job. You’ll say everyone was doing it. I say bullshit.
    NAZIS. You are just NAZIS. And you are going to pay. This life, the next life – you are going to pay.

    • lvent says:

      This was a Hitler Plan by the NWO Liz..This was no accident…That is what they wanted all of us to think…… this was our fault……This was all supposed to end very badly for us….the evil bastards never thought they would get caught….they thought they bought and owned all of the protection they needed…they were wrong….Now the tables are turning and they are who is going down…Bloomberg reported earlier today that Brian Moynihan is trying to hold it together over at BOFA while mortgages fall apart….Cry me a river…I have no sympathy for the devil…!

      • I vent…this was and is the Hitler Plan by the NWO…and as you say…” this was no accident ‘….accident’s just don’t happen…they are caused…
        They themselves…..are the cause….evidence proves this…..We the People have done nothing wrong….they have no proof that anything is our fault….we are ahead of their scheme….they know we will not back off and everyday they are sinking more and more…..the rope is getting tighter….and they are feeling it. The devil is feeling the heat.

      • lvent says:

        marilyn, did you see those stock numbers today? The euro is crashing the world economy? What a load of shit…..!!! We have to remember not to panic because this is all a staged event…….THEY WILL FAIL……..No one in the world wants to live under their TOTALITARIAN RULE…ALL WILL REJECT IT…..!!!!

  4. John Anderson says:

    Well this is the kind of broad based ruling that must affect over 90% of all foreclosures. I wonder what the State Supreme Court will do when the matter lands on their doorstep?

    • lvent says:

      They are dreading that day John…the day the american people come looking for protection from our foreign enemies who are their owners…..

  5. housemanrob says:

    Reality is setting in on these banksters. Their time is coming to an end and……….”every junkie is like a setting sun!”

  6. Javagold says:

    keep spreading the word people …..even those who would laugh , call me crazy, get mad at me, etc…..are finally starting to listen to me….the sheep are either getting desperate themselves or finally waking up but the numbers against the bank fraud can/will be staggering in the near future

    • lvent says:

      I tell anyone who needs help with their fraudclosure to come to this website…I have even directed some attorney’s here….An attorney told me I should check out 4closurefraud.com and I told him he should check out 4closurefraud.org….He said .org are you sure? and I said yeah, .org…He looked a bit perplexed..

  7. lvent says:

    Let’s all raise our glass to the truth! Cheers, to all who are fighting the good fight!

    • I got my glass right here at computer..a coca-cola…but it needs some Malibu Caribbean Rum in it…I am so coffeed out…..so I will raise my glass to all who have joined in the fight to win over evil…we are only strangers till we meet….together we will forge ahead…..Cheers to all………….

  8. For The People says:

    Thank you all for standing in support of The People.

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