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.
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That comes directly from the Palm Beach Post….another GREAT VICTORY from the foreclosure warriors at Ice Legal…

In a decision that could have staggering implications on foreclosure proceedings statewide, an appeals court ruled Wednesday in favor of the owners of a Wellington home 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 homeowners Gary and Anita Glarum 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.


read the full opinion here

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This is great news for Floridians. But it isn't necessarily such great news for Glarum. The lower court judge, Meenu Sasser, is particularly hostile to defendants and given that the 4th DCA conceded that Glarum was in default, and also that LaSalle had standing, those hurdles will be difficult, at least, to overcome upon remand.

Whether LaSalle can, or does, pony up with rule compliant evidence remains to be seen.

As this opinion regards the proper application of the rules of evidence this is outstanding!!

I recommend a search here in the forums for a post some months back titled "Personal Knowledge, Hearsay, Conclusory Averments and the Best Evidence Rule." It covers in great depth and detail the very evidentiary rules and issues the 4th DCA based its opinion upon.

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The link to the opinion does not resolve out.
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