Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
FlaProSe

Florida Second District Court of Appeal released an interesting new opinion a few days ago (Barrunn v. Talmer Bank & Trust). The opinion can be found at: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2013/February/February%2001,%202013/2D12-446.pdf.

Section 702.10(1) of Florida Statute allows a plaintiff to invoke an expedited foreclosure procedure. If the defendant does not show cause why a judgment should not be entered, the judge will have to grant the judgment to the plaintiff. The defendant can defeat this expedited procedure by filing an opposition to the motion with his affirmative defenses. It is quiet possible that this new tactic will start to be used more frequently by plaintiffs. If the foreclosure is uncontested, which is about 90% of most foreclosure suits, the plaintiff can obtain a judgment rather rapidly. It is becoming more difficult for plaintiffs to get summary judgment nowadays; there are too many case laws in favor of homeowners. The new tactic that they are using now is to bypass the summary judgment stage and directly go to trial. Most pro se cannot properly defend themselves at trial, and most defense attorneys are not experienced in trial advocacy. One defense the homeowner has, is to file a counterclaim with a demand for jury trial; this will bring the case to a grinding halt.

Quote 0 0
Gus
Quote:
The defendant can defeat this expedited procedure by filing an opposition to the motion with his affirmative defenses.

Here we go again with this affirmative defenses garbage. When opposing a foreclosure, one raises defenses. There are rarely any valid affirmative defenses in a foreclosure action, as has been frequently discussed in other threads. It seems as though Florida Pro Se has a fixation about trying to get borrowers to employ affirmative defenses rather than regular defenses thereby waiving the burden of proof. In another thread, he even falsely represented that Mr. Roper agreed with him about this. This is beginning to appear not to be accidental. Perhaps Forida Pro Se is working for a foreclosure mill and is worried that people might actually start to employ the successful strategies recommended by Mr. Roper. He seems to be either a shill or an idiot.
Quote 0 0
FlaProSe
I seriously believe there are people with mental problem on this forum.

It has become an intellectual cesspool of self-aggrandized individuals.
The caselaw speaks for itself for those with the mental capacity to engage in rational analysis.

I am not going to waste my time any more with these bozos.
Quote 0 0
Texas
FlaProSe

Could it be bank schills utilizing principles of the Art of War.
Quote 0 0
Uri
Quote:
Could it be bank schills utilizing principles of the Art of War.


Do you think that bank shills are the ones posting the legally invalid and incomprehensible rubbish to drive borrowers into hands of swindlers so that more borrowers. even those with substantial equity, will default, allowing for more foreclosures?

Or do you think the bank shills are the ones posting the well thought out and legally correct information and tips on viable defensive strategies, perhaps because the bankers see it too easy to obtain judgments from homeowners and want to help homeowners level the legal playing field to make foreclosure litigation more sporting?

If the former, are you a bank shill Texas?
Quote 0 0
Texas
Schill is not the same as shill, objection, asked and answered.

If one is from the criminal side of law then one would know of the trip to the moon.
Quote 0 0
Ben Tuey

Order to Show Cause Requires REAL Verification

Florida Statute 702.10 sets forth a procedure by which a foreclosure plaintiff can request an expedited foreclosure.  Under the statute, if the plaintiff files a motion and follows the procedures in the statute, the Court will enter an Order requiring the defendant to come to court and explain why a Final Judgment of Foreclosure should not be entered.  I’ve seen foreclosure plaintiffs try to utilize this procedure every so often, but they always do it wrong!  Quite simply, they don’t follow the procedure in the statute.

Under the plain language of the statute, an Order to Show Cause can only be entered when the plaintiff files a “verified” pleading.  Even though Fla.R.Civ.P. 1.110(b) authorizes foreclosure pleadings to be verified on “knowledge and belief,” the verification requirement in Fla. Stat. 702.10 is different.  For a foreclosure plaintiff to avail itself of the expedited process set forth in the statute, it must verify its pleading in the manner required by Fla. Stat. 92.525, i.e. under penalty of perjury.

That analysis might sound wrong in light of the Second District’s recent rulings on verification, which allow foreclosure pleadings to be verified on “knowledge and belief.”  However, those decisions concerned the verification obligations in the normal, run-of-the-mill case, not the special procedure set forth in Fla. Stat. 702.10.

The plaintiffs’ failure to recognize/apply this distinction has always irked me, so I was pleased when one local judge agreed with it.

Still don’t understand?

Take a look at the Objection that I filed when a foreclosure plaintiff in one of my cases filed a Motion for Order to Show Cause.  Then check out this Order Denying Motion for Order to Show Cause.  Clearly, this learned judge agreed with my view that foreclosure plaintiffs who wish to avail themselves of the procedure in Fla. Stat. 702.10 must file a verified pleading (as defined by Fla. Stat. 92.525), not one verified on “knowledge and belief” (under Rule 1.110(b)).  I raise this distinction, of course, because it’s a useful tool for your toolbox if you’re defending an Order to Show Cause and, frankly, because I’ve never seen a foreclosure plaintiff comply with this requirement.

Mark Stopa

http://www.stayinmyhome.com

Quote 0 0
Write a reply...