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posted May 25, 2010, 7:25 PM by Bill Trudelle   [ updated May 25, 2010, 7:53 PM ]
In a Stunning Anti- Foreclosure Fraud Victory the Florida Judiciary is Finally Sending A Message

Bailey_Jennifer7Miami-Dade Circuit Court Judge Jennifer Bailey sent a message to every  lender who presupposes that simply being owed money by a borrower is enough to circumvent laws, orders or anything else that under any other circumstances would simply not be tolerated in a court of law. Florida courts have long held that if you commit fraud in a court of law your case gets dismissed with prejudice. For wht ever reason courts have been rubber stamping foreclosure filing by the sholock Foreclosure Mills like The Florida Default Law Group, well the tide is finally turning.

Eslava vs. HSBC defended by The Florida Default Law Group

The substance of the case was: THe borrower was looking for a loan modification to make payments more affordable.  Essentially unable to come to terms, the lender’s motion to foreclose was granted … but, HSBC (the lender) lost the mortgage note.  Because of this, the court mandated that the lender post a bond to avoid any issues from another lender filing a claim against the borrower.

HSBC never posted the bond and proceeded to foreclose, violating a specific court order.  Eslava’a attorney Shaleen Khan, sought to overturn the sale based on HSBC’s violation. Judge Bailey threw the book at William Huffman, who represented HSBC through Florida Default Law Group.

Ruling and What It Means Going Forward

Basically holding Huffman in contempt, Judge Bailey overturn the foreclosure and she wiped out Enslava’s entire $207,000 mortgage.  Bailey blasted Huffman saying the order she expects  performance not apologies and complained about the general “chaos and disorganization” of lenders and their lawyers.


Could Be A Landmark and Precedent Setting Ruling

 Thank you Judge Bailey for finally sending a message.  “Do your job or there will be hell to pay! We will have to follow this and see if it will be appealed and set presidence for the State.