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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Defend Your Foreclosure – Before It’s Too Late

I’ve written a few blogs recently containing some very favorable decisions from Florida’s Fourth District Court of Appeal, including here and here. Today, this same court issued a ruling in Vilvar v. Deutsche Bank which, to most homeowners, probably appears quite unfavorable. In its decision, the Fourth District explains at length why a homeowner’s 1.540 motion was appropriately denied by the trial court judge because the homeowner did not show the bank committed fraud in obtaining a Final Judgment of Foreclosure. The court even went so far as to chastise the homeowner’s attorney for filing the appeal, intimating it could have sanctioned him if it so desired.

Has the Fourth District suddenly had a change of heart? Why the drastically different outcomes?

The obvious distinction between Vilvar and other, recent cases I’ve discussed is purely a procedural one. In Vilvar, the homeowner tried challenging the foreclosure lawsuit after the case was already over, after the foreclosure judgment had already been granted. By contrast, the homeowners in the cases which had favorable rulings brought their arguments/objections prior to the foreclosure judgment being entered.

This may seem like an immaterial distinction, but it’s not. Florida law is very clear – the circumstances in which a foreclosure judgment will be vacated, after the case is over, are quite limited. In fact, arguments that would defeat entry of a foreclosure judgment if made while the case is pending are often insufficient to vacate the foreclosure judgment after it’s already been entered. To illustrate, here’s how the Fourth District explained itself in this regard:

We likewise find no merit to Vilvar’s claim that Cross’s affidavit did not contain admissible evidence and that failure to attach any sworn or certified copies of the records upon which she relied should have made the affidavit insufficient under 1.510(e). Vilvar’s failure to timely object to the sufficiency of Cross’s affidavit when it was presented on motion for summary judgment is fatal to this claim. (citing cases)

What’s telling about this part of the ruling is that deficiencies with the bank’s affidavits supporting summary judgment are precisely the sort of thing the Florida courts have been giving as a reason a foreclosure judgment should not be entered. But making that same argument after the case is already over? Too late, argument waived, motion denied.

This is an excellent illustration of how homeowners can waive legitimate defenses in foreclosure lawsuits if they’re not timely and appropriately raised. Please don’t make the same mistake Ms. Vilvar did. Don’t wait to defend your foreclosure until it’s too late.

Mark Stopa Esq.

http://www.stayinmyhome.com

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MY GIFTS TO ALL OF YOU- MEMOS AND MOTIONS THAT WILL SHUT DOWN THE FORECLOSURE MILLS!

law-foreclosure-pinellasIn honor of all the national reporting that’s starting to break about all the abuses that are being committed by the foreclosure mills and as part of the continued efforts to support all the good judges out there that really “get it” and who are doing the right thing, I want to share a treasure chest of motions that I have filed over the last several months.

I hear the criticisms of our judges but truth be told, I’ve never had a bad experience in front of a foreclosure judge….when I did my job, prepared my case and had a court reporter present. And while I respect the efforts of homeowners who start the fight pro se, if you want to save your home, if you want the respect of the court and the opposing party, you must hire an experienced foreclosure defense attorney to fight this battle.

I’m posting these Motions and memorandum primarily so that other attorneys from around the state will use them, develop them and argue the issues in front of judges. The issues contained within these documents are very important and frankly they require experienced and committed attorneys to make the arguments correctly. These documents and the issues presented are tools and like any tool they should only be used by operators who are trained to use them. Having said that I just hate seeing these coverage attorneys for the foreclosure mills wheeling in their boxes of hundreds of foreclosure cases and throwing this garbage into our courtrooms. I am appalled that the mills have joined forces and share the same coverage attorneys between all the mills. Where is the formal and specific authorization for that attorney to represent that client before the court?

How can coverage attorneys represent to the court that, there are no issues of material fact in the hundreds of files that are in his wheelbarrow when those files have been prepped by another law firm? Why is that attorney not required to file a Notice of Appearance so the court knows what attorney is affirmatively representing to the court the veracity and authenticity of all the facts in his case?

Special thanks to my intrepid law clerk Michael Fuino who is primarily responsible for all the excellent research and drafting contained within these memos and motions. Hats off to him! Enough of all of that, here go the goods.

affidavitmotiontostrike

affirmitivedefenses

allongemtd

answernotverifiednotnegotiableetc

objecttofeememorandumfeeaffidavit

Get out there and keep up the fight…

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Steve Anderson
Just a reply to Ann and the Stopa and Weidner people for helping all of us being foreclosed upon. My case has been delayed so long that I can't believe it isn't considered closed. How come the court can take so long when we have to make sure everything is in on time, hmm.

Anyway, I have used a lot of wisdom from in here and on other sites to protect and defend my home, thanks so much. A quick question or inquiry if you please! Why do the lender's attorney and the court reply with like two sentence responses that basically don't even mention any of the statements or facts that we, the defendants send them in our motions and answers?

I have had legal beagles read over my legal wranglings before I send or mail them in and they all say, they explain my position well and relate my perspective. One of them did remark though, that I am spending about 10 times as much effort in my assessments and they are just too busy to attend to the foreclosing, makes sense. Well, keep up the info, SA
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Consider yourself lucky that your case is delayed so long so you can enjoy your home without paying mortgage. So many people already had their houses foreclosed and are homeless these days .  I believe that for now the banks are wrangling with the issues of fraud, illegal securization etc and the government lawsuits against them  so they slow down the process of kicking people out of their homes.  Thank to the Occupy Movement, the media start covering the social problems created by unemployements, foreclosure, homeless etc.  Whenever the Bank find a way to get around their fraud, they will restart the foreclosure legal process again. I would be careful not to wake up the Monster for now, hopefully my case would fall in the crack and they will forget my case forever. ;-)

 

In legal matter, anything you say or written can be used by your opponent against you. The less you disclose, the better. Write or say only what is absolutely necessary and beneficial to you. The Court has vast power and they can do  whatever they want to you so try to avoid legal litigation if you can. Once you get tangled in legal litigation, you have to follow the Court rules and try to find good lawyer or else. Sadly, it is how the system works.

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