BLOG

Foreclosure Press Room
;
Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit  

Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit  

by | Apr 16, 2018 | Foreclosure Defense News, Tactics, and Tips | 0 Comments

Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit

Fla 4th DCA Slams Door on “another Ditech loan” in foreclosure claims Posted on April 13, 2018 by Neil Garfield

Spencer v Ditech involving Everhome

Foreclosure Stopped By Due Process &The Rule of Law, Florida Appeals Court Applies and Overturns Another Ditech Foreclosure Lawsuit. We are seeing a paradigm shift reflecting changes in consensus of appellate courts. Contrary to thousands of decisions over the years, the courts are now applying the laws and rules of evidence in court proceedings and motions for summary judgment. I spy a suspicious attitude towards the banks and servicers that is long overdue.

Just because the bank or servicer says a fact is true doesn’t make it so. Applied to homeowners that would mean if they said they made a payment it would be automatically true. The informal rule allowing representations to be made in court and then treating it as evidence seems to be finally coming to an end.

Here we have the usual musical chairs of companies claiming to be servicers and in this case claiming that they sent a notice of default. The denial by the homeowner that they received the notice of default has nearly always been taken with a grain of salt, thus giving an insurmountable edge to the servicer or bank who filed the action.

The fact that the servicer had no way to prove the notice of default had been sent combined with the denial, in the pleadings, that the notice of default ahd ever been received should, under existing law, be sufficient to involuntarily dismissing the foreclosure lawsuit.

The  foreclosure complaint said they had complied with all conditions precedent. BUT then they had to prove it. They could not prove it. The trial judge allowed testimony and exhibits that were patently without foundation, testimony that was obviously without foundation and which fell apart in cross examination. Read more

If you want to win your case you must learn how to properly document all of the appeal-able errors, so you can win on appeal. Learn how to do this, and more with the How to  Win in Court Education Curriculum right now by clicking here https://www.fraudstoppers.org/how-to-win-in-court-pro-se-legal-education/ 

 

DON'T LET THE BANKS TRICK YOU!

Get the FACTS & Evidence to win the legal remedy that you deserve today.

get-started-now

 

For information on foreclosure defense call us at 844-372-8378. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

Fraudstoppers PMA

Feel free to connect with us . . .

Address: Route 1, box 146, Birch Tree MO 65438 Phone: 844-372-8378 Email: Info@FraudStoppers.org

 

 

Fraud Stoppers Logo

DISCLOSURE: NOTICE OF Copyright © 2017 FRAUD STOPPERS, FRAUD STOPPERS PMA. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Legal Information is NOT Legal Advice: This site provides “information” that is only designed to help users safely cope with their own general legal needs. Legal information is NOT the same as legal advice — the application of law to an individual’s specific circumstances. FRAUD STOPPERS is a National Private Members Association (PMA). PLEASE TAKE NOTICE OF THE FOLLOWING MARS Disclosure[s] 12 C.F.R. 1015.: (1) FRAUD STOPPERS PMA is NOT Affiliated with any Government Agency or Any Bank Lender; (2) Even if YOU Accept any of  FRAUD STOPPERS PMA Products or Services Your Lender May Choose to NOT Change Your Loan.  FRAUD STOPPERS products and services are only available to Active Members of the FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION. To join FRAUD STOPPERS PMA click here: https://www.fraudstoppers.org/members-only/

Loan Calculator Mortgage Calculator
MortgageLoan
$
years
%

“I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility.”.

Dave Krieger

AUTHOR, CLOUDED TITLES

Fraudstoppers PMA

Feel free to connect with at:

Email: Info@FraudStoppers.org

Phone: 844-372-8378

Address: 332 S Michigan Avenue
Suite 1032 #F513 
Chicago IL 60604-4434

 

 

Fraud Stoppers Logo

Legal Information Is Not Legal Advice: This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Fraud Stoppers is NOT a law firm, non-profit organization, or government agency. Register for your Free Mortgage Fraud Analysis and Securitization Search, and get Free Foreclosure Defense Help and Free Foreclosure Defense Documents that you can use to stop a foreclosure and save your house.

Pin It on Pinterest

Share This