With news reports of "robo-signing" of sworn affidavits from many of the nations largest mortgage lenders, some South Florida judges are now forcing banks to follow the Florida rules of civil procedure! Rule 1.510(e) requires lenders who file a motion for summary judgment that contains a supporting affidavit to attach the paperwork on which the sworn statements are based, to the affidavit. Palm Beach County chief judge Peter Blanc stated, "if the foreclosure affidavits are accurate, and they are based on person knowledge, it shouldn't be too time consuming for the evidence to be printed and attached."
Not attaching the paperwork to the affidavits is a problem mainly for those homeowners that do not contest the foreclosures, but the rule applies foreclosures across the board. In Palm Beach County alone about 80% of foreclosures are uncontested, meaning thousands of homeowners have been foreclosed without the lender having to follow this critical rule. This issue is usually not a problem for homeowners who are represented by a competent attorney because their attorney will object to this practice.
It seems as though at least one Florida Judicial Circuit is catching on to the practices of mortgage lenders and their "foreclosure mill" attorneys, Florida homeowners can only hope that this knowledge spreads statewide. If you are facing an Orange Park foreclosure lawsuit, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today.
