Foreclosure News‎ > ‎

Foreclosure Win! Supreme Court Says New Rules Stand

posted Jun 3, 2010, 12:45 PM by Bill Trudelle   [ updated Jun 3, 2010, 2:18 PM ]

Foreclosure Filings In Florida Must Be Filed Under Oath Or Be Dismissed. Foreclosure Fraud Rule 1.110(B) Shall Stand, Sorry Foreclosure Mills

In a very simple one line order the Supreme Court stated: "
"Ben-Ezra and Katz, P.A.’s Motion for Rehearing and Shapiro and Fishman, LLP’s Motion for Rehearing or Clarification are hereby denied."
The court has revised there opinion to clarify the rule(s) requiring foreclosures be verified (filed under penalty of perjury). Several foreclosure mills were playing fast and loose with the facts claiming the new rule really was not final because a motion for rehearing was pending so the rule did not yet apply to them. These arguments were meant to halt the series of motions to dismiss filed by foreclosure defendants do to the foreclosure mills failure to follow the very clear rules. The motion for rehearing addressed the fact that the lenders and the servicers could not verify a complaint because they did not have personal knowledge regarding all the underlying facts (thank God theses guys are so stupid). A plain reading of the Court order regarding SC09-1460 and SC09-1579 reveals that the only issue open for rehearing was a new form created by the Supreme Court numbered 1.996. The courts addressed this pathetic insult of a filing with a very rapid denial. Motions pending and granted to dismiss the foreclosure mills faulty fillings should now not be appeal-able and readily granted by the courts. Foreclosure activists across the state are very pleased as the slop filings by the major foreclosure mills are going to have to be refiled properly under oath or lost forever if no filing occurs in 20 days. If you are in foreclosure, you and your attorney need to be aware of this new ruling and act immediately to get your foreclosure dismissed if your foreclosure mill failed to follow the new rules. See the Supreme Courts new order and make sure your Judge applies the law.
Over 25,000 court record sources