About Me 0066: foreclosure law

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

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, 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.

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.

This Order is a tacit admission that the Rules of Civil Procedure are not being followed in 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 – www.4closureFraud.org – has dedicated itself to eliminated.

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.

WOW – Is Lee County Foreclosure Court Above the Law?

Scores of HOMEOWNERS DO NOT CONTEST FORECLOSURES BECAUSE:

1. They don’t have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.

2. And even those who identify wrongdoing lack funds to pay for attorneys to represent them.

3. Homeowners are told to come to foreclosure auctions with $$$$$$$ that they do not have, SO THEY STAY AWAY from foreclosure auctions.

These homeowners are oblivious about sometimes “straw buyers” and sometimes lawyers in charge of foreclosures, obtain ILLEGAL ownership of people’s homes; and pay literally nothing through “credit bids;” and that those recorded deeds from such auctions are null! For these very reasons, there needs to be a probe of lawyers who file foreclosures. http://chn.ge/eU2zAm

Also, the average lay person doesn’t know about legal REQUIREMENTS of “standing” that prevents their homes from being repossessed via non-existent lenders or via lenders which have no ownership of promissory notes.

Yet, COURTS ARE SUPPOSED TO ENFORCE STANDING and compliance with established laws! Illegal, defective, fraudulent foreclosures are the cause of useless property deeds for real estate sales; title insurance companies refuse coverage on foreclosed properties –and more!

Further, after certain foreclosure auctions (via simulation) result in fraudulent – NOT LENDER ACQUISITIONS, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

*Sample of fraudulent foreclosure acts:

–Deliberately use defunct lenders, lenders without “standing” for false civil and bankruptcy foreclosure proceedings.

– Create and conceal malpractice foreclosure delays and engineer billable litigation.

– Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’

– Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits

– Self-dealing foreclosures which certain lawyers themselves obtain foreclosed properties for flipping.

–Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities.

– Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar.

– Intentionally false BANKRUPTCY COURT “Motion to Lift” and “Proof of Claim” on behalf of non-existent lenders which conceals fact of “NON-SECURED” mortgage debt.

–Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance.

–Fraudulent foreclosures abet loss of property taxes to city revenue, rodents, vagrants

– Thousands of families made unlawfully homeless from null foreclosure proceedings.

Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure; this knowledge is not required from mortgage lenders, nor loan servicers. Lawyers are the ones who file those inadequate or questionable foreclosure which lead to useless property deeds and impediments to real estate sales; title insurance companies reluctance to cover foreclosed properties; mortgage default claims disputes due to defective foreclosures.

*MORE info: Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers

http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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Tuesday, December 28, 2010

foreclosure law

Florida Rules of Civil Procedure

1.510 Summary Judgment

“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”

WOW – Is Lee County Foreclosure Court Above the Law?

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