Friday, February 27, 2015

The Anatomy of a PCA

Handling appeals on behalf of homeowners is an enjoyable and important aspect of my foreclosure defense practice.  You see, it’s one thing to go into court and make good arguments; it’s another for that judge to know you can prosecute an appeal (and win) if the judge doesn’t follow the law.  Just the other day, for […]

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Thursday, February 26, 2015

Certification Requirement; Fla. Stat. 702.015

Effective July 1, 2013, the Florida legislature enacted Fla. Stat. 702,015, requiring all residential, mortgage foreclosure plaintiffs file a “certification,” under penalty of perjury, contemporaneous with the complaint.  Under the plain language of the statute, this certification must contain specific information, as set forth in the statute. This statute has been in place for nearly […]

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Gainesville Trial Transcript

Rumor has it that I’m the subject of gossip in foreclosure-land yet again, this time based on a judge in Gainesville threatening to hold me in contempt mid-trial, then ruling I was not allowed to present any evidence in the defense of the case. I make no commentary at all about what transpired.  None.  That said, I […]

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Thursday, February 19, 2015

Expediency in Foreclosure Court

As courts throughout Florida strive to push through as many foreclosure cases as possible between now and the end of June (when funding for the senior judge system runs out), it’s as good a time as any to remind everyone of this quote from the Florida Supreme Court: The question of expediency is for legislative, […]

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Monday, February 16, 2015

Discovery Before Summary Judgment

Many litigants know the law generally requires discovery be complete before a summary judgment hearing.  There are exceptions, though, and failure to know them can leave you holding the bag. Here’s an appellate brief from a bankster, arguing my summary judgment victory should be reversed because discovery was incomplete, and here’s my retort, showing they’re […]

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