The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers
Summary Judgment. According to Rule 1.510(e), Affidavits filed in
Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony.
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
Florida Courts have
routinely singled out Homeowners in Foreclosure for special (negative)
treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack
the necessary attachments to meet the requirements of Rule 1.510(e) has
been a constant battle fought by every attorney who fights on behalf of
the homeowner; and, who seeks to have the Rules of Civil Procedure
applied in a fair and just manner.
This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other
areas of the law or judicial divisions in the court system. This is the
travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.
The Florida Rules of
Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida
Rules of Evidence or applying the Florida Statutes, Judges should not
look first to whether or not the defendant is in foreclosure and adjust
the rules and laws to fit a perception of guilt or expediency. Rather
the judges and court should first look to see if the plaintiff even has
standing to appear before the Court; and, second, if the plaintiff has
proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org
has seen, the fight for equal justice under the law and under the Rules
of Civil Procedure is still an ongoing battle. Homeowners are still
not being given due process under the law.
Here is a stark example of how the courts ignore the Rules of Civil
Procedure and treat Homeowners differently than all other parties in any
other area of the law:
On December 2, 2010, a Lee County Judge issued an order holding that Lee County
is not requiring the Plaintiff’s in a Foreclosure law suit file
affidavits that comply with Rule 1.510(e). This is judicial tyranny.
WOW – Is Lee County Foreclosure Court Above the Law?
Per the order below (hat tip Matt Weidner) a judge in Broward County appears to have cancelled all foreclosure sales in one of the foreclosure division from December 20 to December 31:
Broward County Judicial Order Canceling Foreclosure Sales
One might think this has something to with the Fannie and Freddie foreclosure halts, with run from December 20 to January 3. But the GSEs have made similar suspensions before, indeed, sometimes from Thanksgiving to New Year, so this seems unlikely to be the trigger.
Moreover, this action, at least based on the account of Florida foreclosure procedures per Lisa Epstein of ForeclosureHamlet, could not impact evictions that were due to take place over the holidays. It turns out that there is usually a significant lapse between the foreclosure sale and the loss of possession. Via e-mail:
The sale doesn’t throw families out on the street, the certificate of title has to be issued (Palm Beach County is 4-6 weeks behind the sale dates at least) THEN a writ of possession must be obtained, then the sheriff has to execute the writ.
Even though the motivation for this order is not clear, it may nevertheless be significant. Many judges have taken the view that they have no latitude to act on behalf of defendants who do not contest their cases, and some have taken the unusual step of expressing concern that procedural abuses have risen to a level where they feel the need to take a more active role, yet are not certain whether they can do so. From the Palm Beach Post:
Palm Beach County Chief Judge Peter Blanc is trying to decide whether judges can take a more active role in examining foreclosure cases after a meltdown in Ally Financial’s foreclosure proceedings last week.
Blanc said Monday that there has been an increase in requests by lenders and loan servicers to cancel foreclosure sales and vacate judgments following the disclosure that Ally was freezing portions of its foreclosure operation in 23 states, including Florida.
While judges granted those requests, Blanc said he was concerned about cases in which defective foreclosure affidavits aren’t being brought to the court’s attention, possibly because the borrower has given up or walked away from the home.
Also, he’s unclear on whether the court should scrutinize past cases for flaws.
“It puts us in an untenable position because we can’t both investigate and decide,” Blanc said. “We are supposed to act on things brought to our attention, but if no one files anything, I’m not sure what will or should happen.”
Blanc said he was looking at case law regarding the duties and responsibilities of judges to see whether there is precedent for the current situation. But he said Florida’s foreclosure crisis has brought many unique challenges to the courts and there is likely little historical guidance.
In other words, judges are also struggling to figure out what to do with the mess created by rampant abuses in the securitization industry.
robert shumake
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake
The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers
Summary Judgment. According to Rule 1.510(e), Affidavits filed in
Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony.
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
Florida Courts have
routinely singled out Homeowners in Foreclosure for special (negative)
treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack
the necessary attachments to meet the requirements of Rule 1.510(e) has
been a constant battle fought by every attorney who fights on behalf of
the homeowner; and, who seeks to have the Rules of Civil Procedure
applied in a fair and just manner.
This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other
areas of the law or judicial divisions in the court system. This is the
travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.
The Florida Rules of
Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida
Rules of Evidence or applying the Florida Statutes, Judges should not
look first to whether or not the defendant is in foreclosure and adjust
the rules and laws to fit a perception of guilt or expediency. Rather
the judges and court should first look to see if the plaintiff even has
standing to appear before the Court; and, second, if the plaintiff has
proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org
has seen, the fight for equal justice under the law and under the Rules
of Civil Procedure is still an ongoing battle. Homeowners are still
not being given due process under the law.
Here is a stark example of how the courts ignore the Rules of Civil
Procedure and treat Homeowners differently than all other parties in any
other area of the law:
On December 2, 2010, a Lee County Judge issued an order holding that Lee County
is not requiring the Plaintiff’s in a Foreclosure law suit file
affidavits that comply with Rule 1.510(e). This is judicial tyranny.
WOW – Is Lee County Foreclosure Court Above the Law?
Per the order below (hat tip Matt Weidner) a judge in Broward County appears to have cancelled all foreclosure sales in one of the foreclosure division from December 20 to December 31:
Broward County Judicial Order Canceling Foreclosure Sales
One might think this has something to with the Fannie and Freddie foreclosure halts, with run from December 20 to January 3. But the GSEs have made similar suspensions before, indeed, sometimes from Thanksgiving to New Year, so this seems unlikely to be the trigger.
Moreover, this action, at least based on the account of Florida foreclosure procedures per Lisa Epstein of ForeclosureHamlet, could not impact evictions that were due to take place over the holidays. It turns out that there is usually a significant lapse between the foreclosure sale and the loss of possession. Via e-mail:
The sale doesn’t throw families out on the street, the certificate of title has to be issued (Palm Beach County is 4-6 weeks behind the sale dates at least) THEN a writ of possession must be obtained, then the sheriff has to execute the writ.
Even though the motivation for this order is not clear, it may nevertheless be significant. Many judges have taken the view that they have no latitude to act on behalf of defendants who do not contest their cases, and some have taken the unusual step of expressing concern that procedural abuses have risen to a level where they feel the need to take a more active role, yet are not certain whether they can do so. From the Palm Beach Post:
Palm Beach County Chief Judge Peter Blanc is trying to decide whether judges can take a more active role in examining foreclosure cases after a meltdown in Ally Financial’s foreclosure proceedings last week.
Blanc said Monday that there has been an increase in requests by lenders and loan servicers to cancel foreclosure sales and vacate judgments following the disclosure that Ally was freezing portions of its foreclosure operation in 23 states, including Florida.
While judges granted those requests, Blanc said he was concerned about cases in which defective foreclosure affidavits aren’t being brought to the court’s attention, possibly because the borrower has given up or walked away from the home.
Also, he’s unclear on whether the court should scrutinize past cases for flaws.
“It puts us in an untenable position because we can’t both investigate and decide,” Blanc said. “We are supposed to act on things brought to our attention, but if no one files anything, I’m not sure what will or should happen.”
Blanc said he was looking at case law regarding the duties and responsibilities of judges to see whether there is precedent for the current situation. But he said Florida’s foreclosure crisis has brought many unique challenges to the courts and there is likely little historical guidance.
In other words, judges are also struggling to figure out what to do with the mess created by rampant abuses in the securitization industry.
robert shumake
robert shumake
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake detroit
Sometimes we get ourselves into a financial pickle and we are left wondering which is a better option: bankruptcy or mortgage foreclosure? It definitely is not an easy decision to make as there are no clear cut answers.
A foreclosure happens when you are unable to make your monthly home payments. You can stop the foreclosure from happening by simply paying the mortgage lender. The loan for a mortgage is similar to a car loan. If you fail to make your car payments, what happens to the car? It will be repossessed. So the same thing will happen if someone does not pay their mortgage. The bank will foreclose on the house.
If you are really in over your head in debt and you are absolutely in dire straits that you cannot pay off those debts, you have the option to file for bankruptcy. Once you are declared bankrupt, nobody can take civil law action against you, the debtor. Even the mortgage lender is required by law to halt their foreclosure actions. However, the mortgage lender will respond by filing for relief from the stay. Once they are granted relief, the foreclosure proceedings will continue. In other words, bankruptcy doesn't really stop a foreclosure entirely. It will still go forward and if you want to keep your home, you still have to pay for it. The only way bankruptcy helps is to slow down the inevitable process.
In some instances, bankruptcy can be used to prevent a foreclosure. How? Well, it buys you some time to source for money to repay the mortgage lender. You are also given an easier way to make the payments. As mentioned before, mortgage lenders have to temporarily cease a foreclosure action when you declare bankruptcy. This additional time is your opportunity to raise money to pay the lender. Plus, when you are bankrupt, you are freed from other debts. This means you have additional funds now to channel towards your mortgage payment. A chapter 13 bankruptcy is a court ordered payment plan which allows you to payoff your overdue mortgage through several payments.
However, there is no guarantee that you will qualify for bankruptcy. Not everyone who files for it will get it. And if you do, be prepared to be slapped with large legal fees. The legal fees can be so high that it may very well exceed your outstanding mortgage payment. If you think that bankruptcy may help you stop or avoid foreclosure, counsel with a licensed lawyer. Don't try to wade through all these legal stuff alone as it is quite complicated. What we discuss in this article is merely a general guide. Get more details by seeking out a licensed lawyer near you.
robert shumake detroit
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake detroit
robert shumake detroit
The Florida Rules of Civil Procedure are the Procedure Rules that all judges and courts in Florida must follow in order to insure the orderly administration of Justice and Due Process.
Florida Rules of Civil Procedure, Rule 1.510, is the Rule that covers
Summary Judgment. According to Rule 1.510(e), Affidavits filed in
Support of Summary Judgment require the following:
Florida Rules of Civil Procedure
1.510 Summary Judgment
e) Form of Affidavits; Further Testimony.
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith.
“SWORN OR CERTIFIED COPIES OF ALL PAPERS OR PARTS OF PAPERS REFERRED TO IN AN AFFIDAVIT SHALL BE ATTACHED TO THE AFFIDAVIT”
This Rule of Civil Procedure cannot be abrogated or modified by a Judicial Administrative Rule. It has been around a long time and has served the Florida Courts well in all areas and divisions of the law. Rule 1.510(e) favors no one and is applied to all parties in a law suit whether it involves divorce, contract law, probate, real estate, etc.
Florida Courts have
routinely singled out Homeowners in Foreclosure for special (negative)
treatment. Florida Judges, who administer foreclosure cases, have been ignoring this Rule of Civil Procedure in favor of granting fast and expedient summary judgments.
The fact that these Affidavits in Support of Summary Judgment lack
the necessary attachments to meet the requirements of Rule 1.510(e) has
been a constant battle fought by every attorney who fights on behalf of
the homeowner; and, who seeks to have the Rules of Civil Procedure
applied in a fair and just manner.
This Order is a tacit admission that the Rules of Civil Procedure are not being followed in the same manner as these same rules have been followed in other
areas of the law or judicial divisions in the court system. This is the
travesty to which – www.4closureFraud.org – has dedicated itself to eliminated.
The Florida Rules of
Procedure was promulgated to be followed by the judges in all divisions, in all areas of the law, and equally among all parties. NO EXCEPTIONS!
When administrating the Florida Rules of Procedure, or the Florida
Rules of Evidence or applying the Florida Statutes, Judges should not
look first to whether or not the defendant is in foreclosure and adjust
the rules and laws to fit a perception of guilt or expediency. Rather
the judges and court should first look to see if the plaintiff even has
standing to appear before the Court; and, second, if the plaintiff has
proved its case through admissible evidence – not manufactured evidence. The rules of discovery should be followed and a proper chain of title, through admissible evidence, must be proven. Everything that happens to that Note is a proper focus of discovery according to the Florida Rules of Evidence.
Based on what www.4closureFraud.org
has seen, the fight for equal justice under the law and under the Rules
of Civil Procedure is still an ongoing battle. Homeowners are still
not being given due process under the law.
Here is a stark example of how the courts ignore the Rules of Civil
Procedure and treat Homeowners differently than all other parties in any
other area of the law:
On December 2, 2010, a Lee County Judge issued an order holding that Lee County
is not requiring the Plaintiff’s in a Foreclosure law suit file
affidavits that comply with Rule 1.510(e). This is judicial tyranny.
WOW – Is Lee County Foreclosure Court Above the Law?
Per the order below (hat tip Matt Weidner) a judge in Broward County appears to have cancelled all foreclosure sales in one of the foreclosure division from December 20 to December 31:
Broward County Judicial Order Canceling Foreclosure Sales
One might think this has something to with the Fannie and Freddie foreclosure halts, with run from December 20 to January 3. But the GSEs have made similar suspensions before, indeed, sometimes from Thanksgiving to New Year, so this seems unlikely to be the trigger.
Moreover, this action, at least based on the account of Florida foreclosure procedures per Lisa Epstein of ForeclosureHamlet, could not impact evictions that were due to take place over the holidays. It turns out that there is usually a significant lapse between the foreclosure sale and the loss of possession. Via e-mail:
The sale doesn’t throw families out on the street, the certificate of title has to be issued (Palm Beach County is 4-6 weeks behind the sale dates at least) THEN a writ of possession must be obtained, then the sheriff has to execute the writ.
Even though the motivation for this order is not clear, it may nevertheless be significant. Many judges have taken the view that they have no latitude to act on behalf of defendants who do not contest their cases, and some have taken the unusual step of expressing concern that procedural abuses have risen to a level where they feel the need to take a more active role, yet are not certain whether they can do so. From the Palm Beach Post:
Palm Beach County Chief Judge Peter Blanc is trying to decide whether judges can take a more active role in examining foreclosure cases after a meltdown in Ally Financial’s foreclosure proceedings last week.
Blanc said Monday that there has been an increase in requests by lenders and loan servicers to cancel foreclosure sales and vacate judgments following the disclosure that Ally was freezing portions of its foreclosure operation in 23 states, including Florida.
While judges granted those requests, Blanc said he was concerned about cases in which defective foreclosure affidavits aren’t being brought to the court’s attention, possibly because the borrower has given up or walked away from the home.
Also, he’s unclear on whether the court should scrutinize past cases for flaws.
“It puts us in an untenable position because we can’t both investigate and decide,” Blanc said. “We are supposed to act on things brought to our attention, but if no one files anything, I’m not sure what will or should happen.”
Blanc said he was looking at case law regarding the duties and responsibilities of judges to see whether there is precedent for the current situation. But he said Florida’s foreclosure crisis has brought many unique challenges to the courts and there is likely little historical guidance.
In other words, judges are also struggling to figure out what to do with the mess created by rampant abuses in the securitization industry.
robert shumake detroit
John Roberts Leaves CNN for Fox <b>News</b> - NYTimes.com
Executives at CNN confirmed Monday that John Roberts, who served as the morning anchor for the network since April 2007, would be joining Fox News as a national correspondent.
Mike Max's <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>
In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.
Small Business <b>News</b>: Starting Your New Business In A New Year
Whether your starting a new business or rethinking an existing one, 2011 offers fresh possibilities and a new start. If you're launching a new business, there.
robert shumake detroit
robert shumake
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