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affidavit

Glarum has the banks running scared. The biggest challenge banks face in today’s foreclosure crisis is that they still haven’t come to grips with the need to tell the truth when they testify. The recent case of Glarum v. LaSalle [PDF] has put even more pressure on the banks to tell the truth in foreclosure […]

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Reuters reports that GMAC’s recent foreclosure funny business—in Florida and elsewhere—may damage its bond ratings and ultimately hurt its bottom line. Moody’s Investors Service said on Friday it may cut some ratings of GMAC Mortgage as irregularities in its home loan servicing process may result in delayed foreclosures. The rating company’s concern came after GMAC […]

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More bizarre foreclosure affidavits

by Mike on June 28, 2010

The Plaintiff’s firm in a foreclosure action we’re defending just filed an affidavit in support of its request for attorney fees on this contested case. After reciting all the boilerplate preliminaries, the affidavit said: Smith, Hiatt, & Diaz has reached a fee agreement with their client wherein the Firm is paid based upon a flat […]

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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 […]

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Foreclosure should almost never be granted by summary judgment. That’s what I believe, and that’s what most of the lawyers who defend foreclosures in Florida believe. Now, it looks like there’s at least one judge who is starting to think that way too. Before I share with you why this judge may never again grant […]

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New foreclosure lawsuit rules require plaintiffs’ mills to tell the truth -and boy, are they mad! On February 11, the Florida Supreme Court amended the rules of foreclosure proceedings in a radical way: they want someone to swear that the allegations in the complaint are actually true. (Buncha bomb-throwers, aren’t they?) The amended rule says: […]

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