WEST PALM BEACH — An appeals court ruling in favor of Wellington homeowners in foreclosure is causing “calamitous confusion,” according to bank attorneys who say it could snarl hundreds of thousands of pending foreclosure cases.
The bank is asking for a rehearing and clarification of the Sept. 7 decision by the 4th District Court of Appeal, which said a foreclosure affidavit submitted by a bank employee was hearsay because the person relied on computerized information and did not have personal knowledge of the case.
The lack of personal knowledge of foreclosure documents is the foundation of the robo-signing controversy that continues to delay foreclosure proceedings.
The bank is not challenging the court’s decision in Gary and Anita Glarum vs. LaSalle Bank, but it said the ruling has been misinterpreted to mean that the person relying on computerized records must be the one who actually entered them into the computer or the direct custodian of the records.
Considering how often home loans changed hands during the real estate boom and subsequent collapse, finding people who personally input mortgage data could be impossible.
The request for rehearing says the court may have “inadvertently undermined” Florida’s rules for the admission of business records which, in part, allow a “qualified witness” to attest to the accuracy of computerized records.
Rest from the Palm Beach Post here…
Glarum – Motion for Rehearing and Glarum – Motion to Take Judicial Notice below…
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4closureFraud.org
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Glarum (Fla.) – Motion for Rehearing
Glarum (Fla.) – Motion to Take Judicial Notice
i applaud the fla app court… their decision spot on…the records are from a person “WITH NO PERSONAL KNOWLEDGE ” that IS hearsay!!.. its about time. I guess the debt collector[s] scumbags take issue with this.as such my heart bleeds for their peril & pursuit of the poisonous tainted fruit of the tree we hope they hang from!!!
The article states finding the people who actually input the MORTGAGE DATE into the computer can be impossible……This plan was designed that way, to be confusing so that you THINK it is impossible to get to the bottom of the cesspool of fraud….like peeling the layers off of an onion…..they are the tiny dot in the center..but the sheisters are in there…..DIFFICULT MAYBE, BUT NOT…IMPOSSIBLE….. like finding the notaries….and who delivered thenotes to the trusts and when the notes got delivered to the trusts…THE VALID RELEASES AND ASSIGNMENTS…..WHO LENT OUT MONEY……TRUTH IS, NONE OF THAT EVER REALLY HAPPENED…AT ALL!!! SMOKE AND MIRRORS…..AND MASSIVE ACCOUNTING FRAUD…. THAT IS WHAT THEY DON’T WANT US TO FIND OUT…..THEY ALL JUST COLLECTED ALOT OF ILL GOTTEN GAINS….AND WERE ALLOWED BY THE U.S. GOVERNMENT TO RING UP THEIR COLLATERAL FRAUD DEBT OF 140 TRILLION… OFF OF THE BACKS OF THE US..TAXPAYER….WITH NO SKIN IN THE GAME, AT ALL….THEY COMMITTED MASSIVE FRAUD…VIA A TON OF DECEPTION…!!!
You probably could not get the correct signing officers to testify anyway…….simply for fear of liability!
Anyone who thinks the banks don’t need their feet held to the fire to provide good accounting of debt only has to read In re Fagan and In re Wilson to watch two different banks, with “accountings” by Dory Goebel and Lender Processing Services, determinedly fudging numbers and committing perjury in federal court.
And the Florida governor wants us to go to a “non-judicial” state. Are you kidding me? If there’s this much fraud with judicial supervision – ha – what would it be like w/o it?