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summary judgment

I Have a Hearing Tomorrow.

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by Mike on September 1, 2010

A Sudden Bullfight Imagine, for a moment, that you have a bullfight tomorrow. In the hot afternoon sun, you’ll step into a bullring, cape in one hand, blade in the other, and stare down an angry, two-ton beast with long, sharp horns. How long have you known about this bullfight? Sometime this morning. And, oh, […]

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Dear Florida judges: You’re under a lot of pressure. We understand. Foreclosure cases are at an all-time high, and still rising – and you have to figure out a way to handle them all. The foreclosure docket threatens to crowd out almost every other civil matter pending before the court – and now that foreclosure […]

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The Wall Street Journal published an article on the two Sixth Circuit cases I wrote about last week, both the Harpster and the Visicaro cases. The article quotes a lawyer in David J. Stern’s office, Forrest McSurdy, who makes the outrageous statement that: Judges get in a whirl about technicalities because the courts are overwhelmed. […]

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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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