Another One Bites the Dust: Bank Loses Summary Judgment For Foreclosure
Tue Nov 24, 2009 by RoyOppenheim on Florida Foreclosures & Foreclosure Defense
Unbelievable: Attorney Geoff Sherman of Oppenheim Law just got a bank’s foreclosure summary judgment denied!
Why: because the Bank said they had lost the note when they filed the original complaint, yet 16 days after they filed the complaint in March they had received an assignment of the mortgage and Note from the old lender.
Thus, when the new bank had filed the original complaint they: (A) Did not have the note and mortgage to lose; and, (B) Lied to the Court when they said they lost the note! In fact, the new Bank brought the note to the hearing! Judge said too little too late. DENIED!
SO EVEN IF YOU DON’T UNDERSTAND ANY OF THIS: THE UPSHOT IS THE HOMEOWNER GETS TO STAY IN HIS HOME FOR THE HOLIDAYS and then some!
