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More foreclosure affidavit problems—Florida Default Law Group admits its affidavits are inadmissible

by Mike on April 16, 2010

Last week, we learned that many foreclosure cases have been granted based on inadmissible “Affidavits of Indebtedness” and falsified assignment documents.

This week, some of the foreclosure mill lawyers pushing this fake paper have realized they’ve backed themselves into a corner. [PDF]

MR. OSBORNE: It appears that our affidavits will be — will need to be updated, and so we will be rescheduling this hearing to conform with appellate case law in Florida…. Because we have not attached the business records to these affidavits of the amounts due and owing, I believe that defense has raised at least a reasonable argument as to why this should not go forward.

THE COURT: Okay. So based on your representations, the Court is going to deny the motion for summary judgment.

(Emphasis mine) In this case, defendant cited one of the cases at issue in last week’s hearing, CSX Transportation v. Pasco County. Here’s the relevant portion of that case:

Morris’ affidavit suffers from the same and an additional defect. Morris does not say his conclusion that construction on the crossing had not begun is based on personal knowledge. He indicates it is based on examination of reports that are not attached to the affidavit. Thus, the affidavit is based on hearsay and is not sufficient to support summary judgment.

Plaintiffs almost never attach the business records; they almost always base their affidavits on hearsay rather than personal knowledge; and as a result, summary judgment of a foreclosure case is almost never appropriate. Yet is is all too common.

Congrats to my fellow foreclosure fighter Don ‘Gator’ Bradshaw for this victory in Marion County.

Want to know more? Contact us at Ricardo & Wasylik, PL.

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