Foreclosure ruling gives Palm Beach County family another chance at keeping their home
A Palm Beach County family that lost its home in a 2010 foreclosure judgment is getting another shot at its case after the 4th District Court of Appeal said a lower court was premature in ruling for the bank.
In the case, Dilcia Osorto v. Deutsche Bank National Trust Co., the homeowner was seeking evidence from the bank when the final foreclosure judgment was entered by a Palm Beach County circuit judge.
Appeals court Judge Mark Polen said in the Wednesday decision that the judgment should not have occurred until the defendant’s discovery was complete. The ruling sends the case back to the circuit court.
Homeowner attorney Brian Korte, of Korte & Wortman in West Palm Beach, said he had requested information about a trust that is said to hold Osorto’s mortgage when the summary judgment was granted.
“The question is, does the trust even exist, and what we find is when we finally get a deposition taken is that no one has ever talked to the trust, they don’t know what the address is, they don’t know if the trust has employees,” Korte said. “That’s why trust cases have become difficult for the banks.”
Copy of the opinion below…