In a powerful ruling, the Fourth District Court of Appeal recently concluded that banks must prove that they hold the mortgage to the home facing defaults. The Appellate court opined that a Judge in Palm Beach committed reversible error when the Judge allowed the bank to repossess a couple’s home when the bank failed to provide a copy of the original note and mortgage prior to the judge’s ruling on the merits of the case.
In so ruling, the appellate court vacated the Judge’s ruling and sent the case back to the original Judge with a clear message to find out who actually owns the mortgage at issue.
The Fourth District Court of Appeal specifically stated that “without evidence demonstrating [the bank’s] status as holder and owner of the note and mortgage, genuine issues of material fact remain, and summary judgment was improper.”
This significant ruling comes on the heels of growing news reports in Florida, and across the country, that foreclosures are being pushed through by the banks without proper, or, in some instances, fraudulently prepared, documents and paperwork. This is especially true in many Florida courts that have adopted “rocket docket” systems with the sole purpose of rapidly pushing foreclosures through the court system in an effort to get them out of the court house without undergoing the necessary judicial scrutiny to protect many innocent but struggling homeowners.
The current real estate market, and ongoing foreclosure, and housing, crises, presents all sorts of issues that must be properly navigated by a struggling homeowner. Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.
Consider Your Options. Contact Us Today.
We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.
Call us toll free at 1-866-518-2913 or at 305-263-7700.