David Stern SMACKDOWN- 4th DCA Appellate Court Reversal of Summary Judgment of Foreclosure!

Somebody get me the full text of this opinion

David Stern SMACKDOWN- 4th DCA Appellate Court Reversal of Summary Judgment of Foreclosure!

Today, June 10, 2010, 5 hours ago | Matthew D. Weidner, Esq.

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My thanks to the superstars at Ice Legal in West Palm for sharing the latest good decision out of the 4th DCA which covers Broward County, West Palm and other counties on the East Coast of Florida.

Read this opinion carefully, it is yet another repudiation of the summary judgment of foreclosure procedures widely being used in courtrooms across the state.

This opinion and others should make it absolutely clear that circuit courts cannot grant summary judgment when any objection is made whatsoever. It’s not up for the defendant to prover her case at summary judgment, only to put into question the Plaintiff’s case.  At that point, summary judgment is no longer on the table for Plaintiffs.

As a practical matter, I don’t see how they proceed with final judgments and the high evidentiary burdens a real trial would create.

9 Responses

  1. FLORIDA FORECLOSURE MILLS coercing buyers of the REOs to use their in house title companies=…RESPA VIOLATION! Sec. 2608.

    http://www.stopforeclosurefraud.com/2010/05/30/are-foreclosure-mills-coercing-buyers-for-bank-owned-homes-are-all-the-millsills/

  2. Law Offices Of David Sterns DJSP is under Investor Investigation…

    http://www.stopforeclosurefraud.com/2010/06/13/breaking-news-david-j-sterns/

  3. Hi every one, I don’t know if this helps any- but I was at the

    MERS SERVICERID WEBSITE and when I typed in my

    MIN NUMBER it showed Bank of America and when I click on it- it tried to take me to Countrywide.com

    then some how I got to this site

    http://www.mismo.org/about-mismo/workgroups.html

    What is this place does anyone know?

    I really wish someone would help me.
    debdgg@aol.com

  4. well sj is never appropriate once the opposing party puts into issue a disputed issue of fact–that is horn book law since the triology of supreme court decisions in 86. some state courts though have a slightly different standard than the us sct. however, contested facts are always the basis for denying sj.

    im a former 30 year trial lawyer in KCMo–although mostly in federal and administrative forums for civil rights and whistleblowers

  5. California is poster child for bad decisions and numerous foreclosures.

    What the heck is going on in California?

  6. I keep reading what Florida, Utah, and New York are doing in dealing with the crisis and it makes me realize how far behind California is.

  7. David Stern Office-anyone else have fraud assignments with them? especially John Herman Kennerty signing for MERS as VP (Kennerty works for Wells Fargo) If you have any info on Stern office and or john Kennerty post it or email me at opgc2010gmail.com they play dirty.

  8. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    January Term 2010
    STELIAN LAZURAN,
    Appellant,
    v.
    CITIMORTGAGE, INC., DAVID STERN, P.A., UNKNOWN SPOUSE OF
    STELIAN LAZURAN, if any, ADRIANA ANCUTA LAZURAN a/k/a
    ADRIANA LAZURAN, UNKNOWN SPOUSE OF ADRIANA ANCUTA
    LAZURAN a/k/a ADRIANA LAZURAN, if any, ANY AND ALL UNKNOWN
    PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE
    HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN
    TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY
    CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES
    OR OTHER CLAIMANTS, THE BOULEVARD FOREST LAKE
    MANAGEMENT ASSOCIATION, INC., CITIBANK, N.A. SUCCESSOR BY
    MERGER TO CITIBANK, FEDERAL SAVINGS BANK, JOHN DOE, and
    JANE DOE AS UNKNOWN TENANTS IN POSSESSION,
    Appellees.
    No. 4D09-1340
    [June 9, 2010]

    GERBER, J.
    We reverse the circuit court’s final summary judgment of foreclosure against Stelian Lazuran (the “defendant”). Citimortgage’s complaint alleged that all conditions precedent to the mortgage note’s acceleration had been fulfilled, and Citimortgage’s affidavit in support of its motion for summary judgment stated “[t]hat each a n d every allegation in the Complaint is true.” Such a conclusory allegation is insufficient to refute the defendant’s affirmative defense that Citimortgage failed to provide him with notice of the acceleration pursuant to the procedures specified in paragraph 22 of the mortgage. Therefore, reversal is required. See Frost v. Regions Bank, 15 So. 3d 905, 906-07 (Fla. 4th DCA 2009) (“Because the bank did not meet its burden to refute the Frosts’ lack of notice and opportunity to cure defense, the bank is not entitled to final final summary judgment of foreclosure.”).
    Visit 4closureFraud.org for the latest info. No charge and not selling anything unlike sites that copy and paste this entry as their own without permission or accreditation.
    Reversed.
    POLEN and LEVINE, JJ., concur.
    * * *
    Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald J. Rothschild, Judge; L.T. Case No. 08-45895 (08). Mitchell Sens of Law Office of Mitchell Sens, P.A., Plantation, for appellant. Jennifer E. Seipel of Butler & Hosch, P.A., Orlando, for appellee Citimortgage Inc.
    No appearance for other appellees. Not final until disposition of timely filed motion for rehearing.
    ~

    4closureFraud.org

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