“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.”
Another Judge Meenu Sasser Reversal!
She had THREE today btw…
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…