Thank you Judge Blanc
On December 2, 2010, Judge Blanc posted a change in the foreclosure procedures effective January 3, 2010 which left me with some questions.
“Motions for summary judgment, effective January 3, 2011, all affidavits, including amended affidavits, filed in support of Summary Judgment in the foreclosure divisions shall include as an attachment copies of payment records upon which the affiant relies to support the motion.”
What “payment records”?
Why January 3, 2010 and not immediately?
What about the Life of the Loan Accounting?
What about authentication? Certified Copies?
What happened to Rule 1.510(e)?
What is the purpose of this Administrative Rule change?
Why is this Administrative Rule addressed only to the Foreclosure Divisions?
The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers Summary Judgment. According to Rule 1.510(e), Affidavits filed in Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
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.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
So what is so different about Foreclosure? Why is there even an Administrative Rule singling out the administrative procedures utilized in the Foreclosure Division? The reason is simple. Florida Courts have routinely singled out Homeowners in Foreclosure for special (negative) treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack the necessary attachments to meet the requirements of Rule 1.510(e) has been a constant battle fought by every attorney who fights on behalf of the homeowner; and, who seeks to have the Rules of Civil Procedure applied in a fair and just manner.
Judge Blanc’s Administrative Order is a tacit admission that the Rules of Civil Procedure have not been followed in the Palm Beach Foreclosure Division as the same manner as these same rules have been followed in other areas of the law or judicial divisions in the court system. This is the travesty to which this Site – www.4closureFraud.org – has dedicated itself to eliminated.
Rule 1.510(e) does not just require the “payment records” but all records, documents, and/or papers that the Affiant relies upon to make the statements in the Affidavit be attached and these papers, documents; “payment records” need to be certified or authenticated by a person who is “competent” to testify to these attachments.
Judge Blanc’s Administrative Order should read that ALL Affidavits in Support of Summary Judgment must comply with Rule 1.510(e). That Order should be effective immediately as the Rules of Civil Procedure have been around a longer than most people who read this blog.
If the Courts and Judges would only follow the Florida Rules of Civil Procedure there should be no need to have special administrative rules posted for the Foreclosure Division Judges. The Florida Rules of Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida Rules of Evidence or applying the Florida Statutes, Judges should not look first to whether or not the defendant is in foreclosure and adjust the rules and laws to fit a perception of guilt or expediency. Rather the judges and court should first look to see if the plaintiff even has standing to appear before the Court; and, second, if the plaintiff has proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org has seen, the fight for equal justice under the law and under the Rules of Civil Procedure is still an ongoing battle. Homeowners are still not being given due process under the law.
Here is a stark example of how the courts ignore the Rules of Civil Procedure and treat Homeowners differently than all other parties in any other area of the law:
On December 2, 2010, a Lee County Judge issued an order holding that Lee County is not requiring the Plaintiff’s in a Foreclosure law suit file affidavits that comply with Rule 1.510(e). This is judicial tyranny.
This is outrageous! Now a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply! Florida Rules of Civil Procedure 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, … Read more
Ultimately, the District Courts of Appeal are going to have to decide if the Florida Laws apply equally to everyone or that Homeowners in Foreclosure are not entitled to equal protection under the law, due process, or fair and equal treatment of the Rules of Civil Procedure and the Rules of Evidence. Furthermore, there will have to be a determination as to whether judges who operate outside the parameters of the Constitutional Right of Due Process, Equal Protection, and the impartial administration of the Florida Rules of Civil Procedure and Rules of Evidence are qualified to be judges.