Half Dozen Florida Judges' Rulings Reveal the Dawning of Understanding

Robosigner, MERS, Foreclosure Mill Staff.  Depos & other testimony here.

1. Judge Wolfe (FDLG) Order granting dismissal with prej.2.11.10(2).pdf
   
2. Judge Crown (Stern) ordermersslammed.pdf
3. Judge Traynor see attached for Smith order (Marshall Watson) Smith+Order+(dismissal+with+prej)+[2].pdf and also Lynn Szymoniak's analysis of the ruling and one more order here (FDLG) 7th+Cir+Judge+Trayno+USBankvMcCleod-vacatewprejudice.pdf
   and another one in the media discussed here (FDLG) http://ning.it/aKv730
4. Judge Tepper (Stern) USBankvHarpster.pdf
5. Judge Bailey (FDLG) Judge Bailey Order Sanction FDLG.pdf
6. Judge Rondolino (Stern) highlighted here

1. Judge Silver: Smith Hiatt Diaz SHD Hillsborough Judge Silver Reminder Order.pdf
2. Judge Johnson: Dismissed with prejudice Shapiro Fishman Pocopanni Order Dismissing with Prejudice.pdf
3. Judge Taylor (Zahm) US Bank v Troche vacated sale to third party here.
4. Florida Circuit Court Judge's order dismissing case for insufficient verification 31208193-Final-Order-Dismissing-Sue-Sponte-Due-to-In-Completely-Ver...
5. FL BK Judge John Olson sanctions FDLG for filing fraudulent affidavits Judge Olson Sanction FDLG.pdf
6. Judge Rondolino @ FL Sixth Judicial Circuit Marshall Watson Deutsche Bank v Decker Decker Dismissal Granted by Judge Rondolino.pdf
7. Trial Courts, corrupted and perverted in favor of clearing the dockets.
   
   1. LaSalle v Alicea
      5th DCA, 5D09-2129 Judge Doyle Trial court did not consider the merits of the case here
      Lower case: 2008-14447-CIDL, Volusia
      Lis Pendens: 6302/182
      Filed by John Howarth Farren, Butler & Hosch, P.A., Bar ID 913871
      
   2. Wells Fargo v Lupica
      5th DCA, 5D09-2902 Judge Doyle (Kass Schuler) Trial judge's abuse of discretion here
      Lower case: 09-10135-CIDL, Volusia
      Lis Pendens: 6312/102
      Filed by Michelle Garcia Gilbert, Kass, Shuler, Solomon, Spector, Foyle & Singer, PA, Bar ID: 549452 (xref bar ID: 559120)
   3. Crown v. Chase
      5th DCA, 5D09-1225 Judge Law Trial judge's abuse of Discretion here
      Lower case: 2008-CA-2879, Lake (LP on 6/30/2008)
      Filed by Anissa J. Bolton, Marshall Watson, Bar ID 5193
   4. Kontos v. American Mortgage Servicing, Inc.
      1st DCA, 1D09-2308 (LP on 7/7/2008) Judge Wells Foreclosure summary judgment was granted improperly and without evidence of transfer of mortgage (no assignment) to foreclosing entity here
      Lower case: 08-CA-0001052, Walton
      Melissa R. Rinaldi, Consuegra, Bar ID 050252
   5. Vidal v. Suntrust Bank
      4th DCA, 4D09-3019 Judge Warner - REVERSED - Service of Process Insufficient - Failure to Note the Time of Service Renders the Service Deficient http://wp.me/pFWnq-2aE
      Lower case: 502009CA008539XXXXMB, PBC
      Filer (non mortgage case): Aliette DelPozo Rodz, Shutts & Bowen, Bar ID 173592
   6. Lazuran v. Citimortgage 4th DCA Judge Gerber reverses summary judgment for unresolved issues of material fact (Stern) 4D09-1340.op.pdf
      Lower case: CACE08045895 (Broward) [LP filed 9/25/08]
      Michelle Gilbert, FL Bar 549452, Kass, Shuler
      LP book/page: 45722/1175
      Matthew Shapanka, Bar ID 52874,
8. Judge Brown, Motion to Dismiss Granted for unpaid doc stampsOrder Granting MTD Doc Stamps(2).pdf
9. Foreclosure Case Dismissed in Pinellas County Based on Florida Rule of Civil Procedure 1.120(a).
   http://ning.it/6o5PNz
10. The Plaintiff is a mortgage brokerage company who used the MERS system. Diversified is now demanding to know exactly how many loans it actually owns. Apparently, MERS has given them conflicting information and even
    deactivated. Diversified states it is unable to ascertain that
    information based on a search of county records. Diversified v. MERS.pdf
11. Florida 4th DCA Appellate Motion for Rehearing and Certification to the Supreme Court MFRehearing and Req for Cert (3).pdf
12. Florida 2nd DCA case on evidentiary requirement for banking record authentication Armstrong v. State 2 dca 20100 apply it to evidentiary proof.pdf
13. Florida 4th Circuit Court, Duval County, Judge James Harrison granted counterclaims against foreclosure mill David J Stern GMAC v. Gasque v. DJS - Order denying MTD non party DJS.pdf
14. FL 3rd DCA - Sewer Service REVERSED RE Opella v Bayview: http://wp.me/pFWnq-3Q2\
15. FL 4th DCA - Follow details of FL Statute for correct service of process 4D10-1129.op Service of Process FL Statute Details must be followed
    
16. FL 4th DCA - Foreclosure Defense attorneys are entitled to fees EVEN WHEN they unveil fraud upon the court and banks' attorneys voluntarily dismiss the caseValcarcel v Chase attny fees awarded 4D10-379.pdf
17. FL 1st DCA Dual Track Scam SJ reversed Palacio v Alaskan Seaboard Partners 1st DCA Dual Track Scam reversed Palacia v Alaska Seaboard
18. Trial Court Judge Smack down for unverified amended complaint Deutsche v Decker Verification Smack Down and the order here Deutsche v Decker Rondolino Order
19. 5th DCA Judge not abusing discretion for dismissing a case where PL is utterly deceitful Dismissal for Utter Deceit not abuse
20. 4th DCA Trial Judge reversed on disallowing defendant's attorney fees Country Place v JP Morgan 4th DCA and 2nd DCA case finds same SouthBay Lakes HOA
21. Smith Hiatt Diaz smackdown & sanctions SHD Show Just Cause  & Defreitas Smith Hiatt Contempt hearing Transcript 8-30-10%20transcr...  & Dunnigan Order 49K Sanction
22. Judge Pamela Campbell in Pinellas County chastises foreclosure mills Smith Hiatt Diaz and Marshall Watson chiefs http://tbo.ly/j7iHDZ
23. 1st DCA Affirmative Defenses must be respected, reversal of granted summary judgment MitchellPadot.pdf
24. Florida Unclean Hands Case Law here
25. Indian River Judge Cynthia Cox order dismissing case without leave to amend for lack of proper verification FDLG  FDLG case dismissed verification insufficient  and another here IndianRiverDismissal improper verification.pdf and another here from Judge Jirotka in Pinellas
26. Brevard Judge Holcomb MTD granted, insufficient verification PBC Bank v Peckham here  Complaint must be verified by Plaintiff & within the document itself (not on a separate document).  Verification by Plaintiff within complaint.  Judge Tepper in Pasco orders clarification of owner, authorization of servicer to enforce note/mortg, and verificationhere.
27. 4th DCA affirm voluntary dismissal after uncovering FRAUD UPON THE COURT and certify case for the FLSC  4D10-378 Roman Pino v BONYM
28.  5th DCA Due Process rights violated when no service of process Holmes v US Bank NA  here and more on service of process violations here.
29. Judge Rondolino addresses verification of amended complaint when the first complaint was grandfathered in prior to the effective date of the verification rule - order here
30. 3rd DCA  Farah v Iberia Deficiency collection rights can not be part of a foreclosure judgement.  There must be a separate lawsuit.
31. Pasco County Trial Court Judge Tepper grants MTD w/leave to amend complaint & discusses holder vs owner, endorsement in blank, and other issues BAC Home Loans v Stentz here
32. 2nd DCA Avi-Isaac v Wells Fargo Evidentiary hearing required on a motion to vacate
33. 2nd DCA material facts FL| Summary Judgement REVERSED SANDORO v. HSBC BANK http://wp.me/pFWnq-5gV
34. 4th DCA Servedio v US Bank Summary Judgment reversedhere
35. Miami Judge Lando transcript of Ben Ezra Katz smackdownhere
36. Smith Hiatt Diaz Sanctioned by FL Judge Dennigan SHD Show Just Cause  & Defreitas Smith Hiatt Contempt hearing Transcript 8-30-10%20transcr...  & Dunnigan Order 49K Sanction
37. Pasco County Trial Court Judge Tepper grants MTD w/o prejudice for 1) improper verification by servicer, 2) failure to connect foreclosing bank to original lender, 3) failure for trust to register in FL.  OrderofdismissalTepperIovine.pdf
38. 5th DCA Kahn V BoA  non-party restricted endorsements (and maybe no endorsement/allonge when plaintiff is not originator) is an issue of standing  5th DCA Kahn v BoA
39. 4th DCA  Note endorsed in blank still requires an affidavit from mortgage successors in interest (which MUST be contested if affidavit is fraudulent)  Isaac v Deutsche  4th DCA Isaac v Deutshe
40. 3rd DCA’s harsh words for a foreclosing bank's counsel in Jade Winds Association v. Citibank, N.A., No. 3D11-275, strong disapproval of the practice of filing emergency motions to cancel foreclosure sales without giving proper notice -- and of granting such motions without evidence (a) to justify the cancellation and (b) of proper notice and the opportunity for all parties to be heard – dovetails with the 4th DCA’s own expression of distaste for similar practices in Arsali v. Deutsche Bank National Trust Company, No. 4D10-3830, just a month earlier.
41. 4th DCA Fraudclosure defense attorneys are entitled to FEES included appellate fees Nudel v Flagstar here
42. 2nd DCA Konsulian Busey Bank - Conditions precedent (esp. para 22 of mortgage contract) must be met here
43. More judicial orders on insufficient verifications:  here
44. 4th DCA Valencia v Deutsche Conditions Precedent not met due to to default letter fraud here
45. 4th DCA Summary Judgment reversed, counter claim outstanding  Judge Meenu T. Sasser REVERSED | FL 4th DCA - Peterson v. Affordable Homes of Palm Beach, Inc.: http://t.co/VYx3XQ1
46. 4th DCA affirms and allows fraud upon the court and perjury in a miscarriage of justice in Harvey v Deutsche here
47. Orlando Federal Bankruptcy Judge slams assignment and allonge fraud!  In RE: Balderrama http://ning.it/qppSYi
48. Brevard County Judge Holcolmb sanction Wellborn mill for violating court ordered discovery requests here
49. 1st DCA Mazine v M&I Bank Reverse & remand; deficient affidavit of indebtedness, standing issues, here
50. 2nd DCA Novastar v Bucknor “In circumstances such as these where the moving party’s allegations raise a colorable entitlement to rule 1.540(b)(3) relief, a formal evidentiary hearing on the motion, as well as permissible discovery prior to the hearing, is required.”here
51. 1st DCA Lin v Whitney Natl Bank reverse summary judgment due to outstanding affirmative defenses “where a statute pronounces a penalty for an act, a contract founded upon such act is void, although the statute does not pronounce it void or expressly prohibit it.”  here
52. 2nd DCA Laurencio v Deutsche three basic errors. Lee County judge erred in granted the bank summary judgment when an issue of material fact existed—whether or not the bank had complied with the mortgage’s notice requirements–and two, he had abused his discretion by denying the defendant the right to amend his pleadings. here
53. 2nd DCA Risch v Bank of America  ("[W]here the moving party's allegations raise a colorable entitlement to rule 1.540(b)(3) relief, a formal evidentiary hearing on the motion, as well as permissible discovery prior to the hearing, is required." here
54. 4th DCA Parker v LaSalle.  Violations of the standards of diligent search for service of process.  Service by publication insufficient.  Reverse & Remand. here
55. Two Lower Court Orders on Verification Granting Dismissal here
56. Wells Fargo filed a motion for summary judgment before the Gicks filed their answer.  The 5th DCA found two errors: 1) the complaint was unverified, and 2) the affidavit of amounts due and owing was conclusory and did not state that the Gicks had defaulted.  The court found that Wells Fargo had not demonstrated conclusively that the defendant could not plead or otherwise raise a genuine issue of material fact here.
57. 2nd DCA Paul v Wells Fargo  Final judgment was reversed based on the judge's mistakes of law  here
58. 4th DCA Glarum v LaSalle ROBOSIGNED AFFIDAVITS ARE HEARSAY! here  BUT AS WE SUSPECTED THE BANK OWNED 4th DCA JUDGES FOOTNOTED AND NARROWED THEIR OPINION TO NEUTER IT here
59. 5th DCA Wroblewski v AHMSI reverse/remand for unmet conditions precedent here
60. 5th DCA Gee v US Bank  Reversal of summary judgment for summary judgment entered on grounds not addressed in the summary judgment motion here.
61. 2nd DCA Feltus v US Bank Reversal of summary judgment motion, affidavits are heresay, two copies of a previously "lost" note here
62. 4th DCA Woodrum v. Wells Fargo - Reversed and remanded because affirmative defenses raised in opposition to motion for summary judgment were not refuted. "Florida Rule of Civil Procedure 1.510{c) allows the court to consider affidavits when determining whether
    a genuine issue of material fact exists. Additionally, a party may plead or
    defend at any time before a default is entered. Fla. R. Civ. P. 1.500{c)." http://www.4dca.org/opinions/Nov%202011/11-09-11/4D10-3538.op.pdf
63. 2nd DCA Taylor v Bayview affirmative defense of lack of notice reversed the final judgment and remanded for further proceedings. (Long opinion on standing issues and the need to raise defenses re: mortgage & note intentionally separated by the parties)
64. 4th DCA  Venture Holdings v. A.I.M. - Fla. 4th DCA 
    
    There are three cases consolidated into one. I cited the first case above. All three deal with a foreclosure actions filed by A.I.M. and the grant of summary judgment to A.I.M.
    
    Excerpts from the decision:
    
    An assignment of a promissory note or mortgage, or the right to enforce such, must pre-date the filing of a foreclosure action. Jeff-Ray Corp. v. Jacobson, 566 So. 2d 885, 886 (Fla. 4th DCA 1990). A party must have standing to file suit at its inception and may not remedy this defect by subsequently obtaining standing. Progressive Exp. Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005). “The assignee of a mortgage and note assigned as collateral security is the real party in interest, that he holds the legal title to the mortgage and note, and that he, not the assignor is the proper party to file a suit to foreclose the mortgage.” Laing v. Gainey Builders, Inc., 184 So. 2d 897 (Fla. 1st DCA 1966); se e also A & B Discount Lumber & Supply, Inc. v. Mitchell, 799 So. 2d 301, 307-08 (Fla. 5th DCA 2001)
    
    
    In this case, A.I.M. failed to produce the original promissory note, failed to account for its absence, and failed to present evidence to otherwise establish it was the proper holder of the note. The allonge established that the note was indorsed to a third party. A.I.M.’s failure to produce the original promissory note, or account for its absence, created a genuine issue of material fact. Lenfesty, 16 So. at 278. For this reason alone, the summary judgments were improper in each of the cases.
65. 4th DCA  Duke v. HSBC - Fla. 4th DCA  (***Clarified upon banker request as were Riggs, Glarum & McLean)
    
    "The Dukes argued that at the time the foreclosure complaint was
    filed, the mortgage was held by First NLC, not appellee, HSBC. In its
    complaint, HSBC alleged it owned and held the note and mortgage at the
    time the complaint was filed. “W h e n exhibits are attached to a
    complaint, the contents of the exhibits control over the allegations of the
    complaint.” BAC Funding Consortium Inc. v. Jean-Jacques, 28 So. 3d
    936, 938 (Fla. 2d DCA 2010). Here, HSBC alleged in its complaint that it
    “now owns and holds the Note and Mortgage,” but an assignment was
    not attached to the complaint, supporting HSBC’s position. Instead, the
    mortgage attached to the complaint showed First NLC as the lender,
    creating discrepancies between the complaint and the attached exhibit.
    Thus, at the time of the argument on the summary judgment motion,
    genuine issues of material fact existed as to whether HSBC was the
    proper owner and holder of the note and mortgage where First NLC was
    named on the mortgage and evidence of an assignment was not included.
    We therefore reverse the trial court’s order granting summary
    judgment because genuine issues of material fact remain in dispute
    regarding the owner and holder of the note and mortgage at the time the
    complaint was filed.
    Reversed."
66. STANDING!  STANDING!  4th DCA   McLean v. J.P. Morgan Chase Bank  (Mark Stopa's post on this critical win here)  ***"Clarified upon banker request (as were Riggs, Duke, & Glarum)
67. Standing & Switching parties  Beaumont v BoNYM 5th DCAhere
68. Feltus
69. Kimmick v US Bank 4th DCA.pdf
70. BoNY Trust V Rogers 3rd DCA.pdf

71. Beaumont v. BANK OF NEW YORK MELLON | FL 5DCA “BONY failed to prove...

72. http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2012/March/...

    this appeal is pursuant to Florida Rule of Appellate Procedure 9.130(a)(4), which

    permits review of nonfinal orders that determine jurisdiction of the person. Because the

    appellee Stearns Bank, N.A. ("the Bank"), did not sufficiently show that it perfected

    substituted service on Mr. Baker, we reverse.

73. 4th DCA Orsoto v Deutsche hereThe opinion is somewhat lengthy, but the point is simple.  Florida courts cannot grant a summary judgment of foreclosure when homeowners are seeking discovery that may be pertinent to the issues being litigated.
74. Two more 4th DCA cases both on standing Elston/Leetsdale -  "http://ning.it/HWq4ni and Rigby- http://ning.it/HiPzOe Two rulings by Florida 4th District Court of Appeals in favor…"

The Ugly  4th DCA Harvey v Deutsche & 4th DCA Kaminik v Countrywide  and

5D10-946.op.pdf

More Evidence of Changing Winds in Florida Foreclosure Appeals http://t.co/o9gfEk5

More from StopForeclosureFraud here.