The Case of The Disappearing Docket Entry re: Alleged Original Note & Mortgage

Posted by L

Copy your dockets frequently People!

This is a case that had one copy of the …………ahem……….alleged endorsed “original note” filed in a foreclosure lawsuit, and then a completely different endorsed copy of the …………..ahem………….alleged “original note” filed in a subsequent case (after the first case was dismissed).  Featured here.

The last several docket entries on the first case looked like this:

MINUTES – HEARING SEE SCHEDULE MINUTES FOR DETAILS

1/13/2010

RECOMMENDED ORDER | ON FORECLOSURE MOTION CALENDAR DATED 1/13/10 RECOMMENDATIONS REFLECTED | IN MINUTES S/FRIEDMAN 1/13/10 ORIGINAL ORDER IN FORECLOSURE DEPT

1/13/2010

RECOMMENDED ORDER | GRANTING WITHOUT PREJUDICE MOTION TO DISMISS COMPLAINT

1/26/2010

CORRESPONDENCE FROM COUNSEL TO MAGISTRATE

1/26/2010

CORRESPONDENCE FROM COUNSEL TO CLERK

2/11/2010

RE-NOTICE FOR HEARING 2/23/10 1:30 MOTION FOR JUDGMENT

2/11/2010

CORRESPONDENCE FROM COUNSEL TO MAGISTRATE

2/11/2010

FINAL DISPOSITION FORM

2/11/2010

NOTICE OF FILING ORIGINAL NOTE AND MORTGAGE

2/11/2010

CA48/REAL PROPERT MORTGAGE FORECLOSURE {PRE 2010} (DISPOSITION)

2/16/2010

ORDER ON RECOMMENDED ORDER DATED 1/25/10 DISMISSING COMPLAINT

2/17/2010

BUT NOW………what happened to that same case’s docket regarding the original note & mortgage? (docket here)

01/13/2010 MINUTES – HEARING SEE SCHEDULE MINUTES FOR DETAILS
01/13/2010 RECOMMENDED ORDER
ON FORECLOSURE MOTION CALENDAR DATED 1/13/10 RECOMMENDATIONS REFLECTED
IN MINUTES S/FRIEDMAN 1/13/10 ORIGINAL ORDER IN FORECLOSURE DEPT
01/26/2010 RECOMMENDED ORDER
GRANTING WITHOUT PREJUDICE MOTION TO DISMISS COMPLAINT
01/26/2010 CORRESPONDENCE FROM COUNSEL TO MAGISTRATE
02/11/2010 CORRESPONDENCE FROM COUNSEL TO CLERK
02/17/2010 ORDER ON RECOMMENDED ORDER DATED 1/25/10 DISMISSING COMPLAINT
02/17/2010 CA48/REAL PROPERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)
05/10/2011 CORRESPONDENCE FROM COUNSEL TO CLERK COMPLETED 5/13/11

Did you catch it?

The docket on 02/11/2010 changed from NOTICE OF FILING ORIGINAL NOTE AND MORTGAGE to CORRESPONDENCE FROM COUNSEL TO CLERK.

We have been noticing this trend of dockets being changed. We have access to archived data to prove that this is going on.

Why would this be done? Why is there two different notes. Why oh why?

Violation of the following Florida Statutes?  Ongoing research will expose this, and other incidents, further.

Title V JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

View Entire Chapter

28.211Clerk to keep docket.—The clerk of the circuit court shall keep a progress docket in which he or she shall note the filing of each pleading, motion, or other paper and any step taken by him or her in connection with each action, appeal, or other proceeding before the court. The clerk may keep separate progress dockets for civil and criminal matters. The clerk shall keep an alphabetical index, direct and inverse, for the docket.

History.—s. 1, ch. 71-4; s. 160, ch. 95-147.

Title VJUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

View Entire Chapter

28.13To keep papers.—The clerk of the circuit court shall keep all papers filed in the clerk’s office with the utmost care and security, arranged in appropriate files (endorsing upon each the time when the same was filed), and shall not permit any attorney or other person to take papers once filed out of the office of the clerk without leave of the court, except as is hereinafter provided by law.

History.—s. 59, Nov. 18, 1828; RS 1389; GS 1830; RGS 3075; CGL 4856; s. 1, ch. 89-297; s. 159, ch. 95-147.

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