Monday, November 1, 2010

Foreclosure defense: Court rules bank must prove ownership

Foreclosure defense: Court rules bank must prove ownership: "On Wednesday, a three-judge panel of the 4th District Court of Appeal in West Palm Beach overturned an earlier summary judgment by Palm Beach Circuit Court Judge Thomas Barkdull, allowing repossession of a Boca Raton couple's home by US Bank National Association. The foreclosure went through even though the lender did not provide an original note or other acceptable proof of ownership.

In the case of Guiseppe Servedio, the court ruled that banks must provide evidence they actually own and hold the mortgage when seeking to foreclose on a property. 'Some judges have been lax about the rules of evidence,' stated Peter Snyder, his attorney. 'I think that what this case says is you better have the original note.'

The decision comes following an earlier ruling against Deutsche Bank where the court stated that '[a] summary judgment should not be granted where there are issues of fact raised by [the] affirmative defense[s] which have not been effectively factually challenged and refuted.' In this matter, a homeowner asserted several defenses that were ignored by Deutsche Bank and the lower court."

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