C. Florida Judge Reverses Earlier Grant Of Summary Judgment In Favor Of Foreclosing Lender; Questions Veracity Of Court Filings By Foreclosure Mills

In St. Petersburg, Florida, foreclosure defense attorney Matthew Weidner writes:

• Search this blog and you will see that for months now I’ve been arguing that the “evidence” submitted by Plaintiffs in foreclosure cases does not even come close to meeting the legal and evidentiary requirements for courts to grant summary judgment.

• After performing extensive legal research to confirm this hunch, I have drafted and filed detailed memoranda, supported by all available case law, that stands for the proposition that the practices used by virtually every foreclosure mill in the state do not provide the evidentiary basis for a court to grant summary judgment.

• So why are courts across this state continuing to grant summary judgment? There really is NO LEGAL BASIS TO SUPPORT THE GRANTING OF SUMMARY JUDGMENT IN THE VAST MAJORITY OF FORECLOSURE CASES CURRENTLY FILED IN COURTS ACROSS THIS STATE.

• I attach here the most fantastic transcript of a hearing I’ve heard in a long time.(1) This transcript shows a couple things:
  
  First, the judges in the Sixth Circuit of Florida really, really get it.
  
  Second, this particular judge goes far and above to do his job and deliver real, hard, honest legal work.
  
  Third, as I mentioned above…the current processes and procedures used by the foreclosure mills do not provide courts the evidentiary or legal basis required to grant summary judgment.

• But now the big question that comes to mind….now that this judge gets it…and now that my memos and others like my friend and fellow Foreclosure Fighter Mike Wasylik are starting to leak out there… What happens to all the hundreds of thousands of homes that have been foreclose on by improper evidence?

Source: CASE LAW UPDATE - Judges Should Never Grant Summary Judgment in Florida.

(1) The matter involved a rehearing of a previously granted summary judgment in favor of a foreclosing lender. On rehearing, the judge reconsidered his earlier ruling, and after rexamining some of the documents in the case that caused him to question the veracity of the documents being filed in foreclosure cases, generally, reversed his earlier ruling. Representing the foreclosing lender in this case was the Law Offices of David J. Stern, P.A., a notorious assembly line, foreclosure mill law firm operating out of Broward County, Florida.