And herein is the problem: Banks can appeal. ONE successful notary complaint in AZ has resulted in bank doing the unthinkable: moving court to remove the documents from country records. Can we smell rats???? In the following case the bank is basically saying that one of the tenets of law does not matter, if a person has no personal knowledge of debt they can still take away your home without proof and without judgement: Florida is non-judicial state in foreclosure procedures. Reminder if you bring action it then becomes of necessity a judicial foreclosure.
Real Time real-estate blog | The Palm Beach Post » Blog Archive » Bank attorneys warn 4th DCA decision may “dramatically” change Florida foreclosures: "The Sept. 7 decision in the case of Gary and Anita Glarum versus LaSalle Bank says that an affidavit of indebtedness submitted by the bank was hearsay because the person who signed it did not have personal knowledge of the case. It reversed a 2010 Palm Beach County Circuit Court summary judgment that said the Glarum’s owed the bank $422,677.
“This decision could have broad sweeping application in the lending and loan servicing industries and effect thousands of foreclosure cases, among other types of cases, currently pending in Florida courts,” the alert posted on Greenberg Traurig’s website says.
The Orlando-based firm of Butler & Hosch represented LaSalle Bank in the case, but Greenberg Traurig also is a bank represen"
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