WEIDNER: BOMBSHELL OPINION FROM FLORIDA’S 2ND DISTRICT COURT OF APPEAL!

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December 29th, 2010 · 3 Comments · Foreclosure

countryplacecommunityThis really shouldn’t be a BOMBSHELL and I shouldn’t have to keep abusing my SHIFT key to EMPHASIZE the importance of our courts correctly applying the law in foreclosure cases, but it’s just so darn exciting to see.  The fact of the matter is Florida’s Second District Court of Appeals in particular has been very consistent in carefully applying hundreds of years of case law and judicial wisdom in foreclosure cases.

Our country is in major trouble because whomever is in power has been avoiding taking the rational step of sitting the banks down, telling them they’ve screwed up and making them suffer consequences for their actions.  Had we done this on a national level in 2008,  we would have been a whole lot further along in solving one aspect of this crisis that we’re immersed right in the middle of, but our national “leadership” has lacked the foresight to do this.

Thankfully, the good judges in Florida’s 2nd District Court of Appeals see the bigger picture and are making the correct decisions for us….my favorite quote from the opinion:

Because J.P. Morgan did not own or possess the note and mortgage when it filed its lawsuit, it lacked standing to maintain the foreclosure action. See Bank of N.Y. v. Williams, 979 So. 2d 347, 347 (Fla. 1st DCA 2008); Jeff-Ray Corp. v. Jacobson, 566 So. 2d 885, 886 (Fla. 4th DCA 1990). It follows that when J.P. Morgan filed its mortgage foreclosure action, it knew or should have known that its action was unsupported by the material facts necessary to establish the claim.

One Response

  1. I wish MA Judges from the SE Housing Court were doing their homework and making the right decisions. Our Judge did not apply the law in our foreclosure case. How do you find out if a Judge has an interest because we proved all facts of law, had an expert witness and the bank did absolutely nothing nor did they provide any proof of their actions. We never even had a note which means there was no legal contract. When we finally got the closing papers there were all kinds of errors that would allow us to rescind our loan. We sent all this evidence to the bank and asked for a payment log and explanations of all the other errors. This was sent by a HUD approved credit counselor and the bank never responded. They sold our home illegally 10 days before our due date and we were not in arrears. Our Judge was clueless and his judgement cost us another $40,000 and ruined our lives. They sold the home to a subsidiary of the bank for over $13,000 more than the principal and we were never given the proceeds. Also there were no bidders because the MA state law chapter 244 section 14 was ignored. We never received a notice of the sale nor was it advertised in the newspaper. We also had proof that we paid $150,000 in payments and zero was applied to the principal. An employee of the bank would refuse payments when we were not in arrears and then send a reinstatement notice that charged payments that were not even due yet as well as late and legal fees. The bank attorney was in on it. He did not even represent them in court the attorney for the subsidiary did. There is so much wrong and proof of everything. These people should be prosecuted. They signed under oath statements that they knew were lies. These people went into court knowing they were going to committ perjury on the stand which they did but had no proof to back it up. We had proof and the law to back up our case. This is only a portion of what we are victims of.

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