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)

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