Florida Appellate Courts Irritated By Moronic Trial Court Foreclosure Rulings
The Florida Appellate Courts have consistently ruled that a lender must be able to adequately prove legal standing before initiating a foreclosure action.
Yet, this hasn’t stopped circuit court judges from blindly following whatever bullshit a foreclosure mill lawyer feeds them. Nor has it stopped circuit court judges from ruling against homeowners without reviewing their case.
Broward County and Lee County have become infamous for systematically ruling in favor of lenders. Even when the lender’s lawyers make such egregious claims that the file is an embarrassment to the law firm representing the lender.
It has become obvious that the vast majority of circuit court judges don’t read foreclosures cases. Instead, they rely on lazy or incompetent clerks and systematically rule in favor of the lender. It is not about judicial corruption. Contrary to what foreclosure activists and pissed off homeowners want to believe.
This is why consumer lawyers like Bruce Jacobs lose their cool with judges. The 3rd DCA in Miami recently sanctioned Jacobs for losing cool with the court.
The Florida Appellate Courts don’t want to hear foreclosures cases that should have been tossed at the circuit court level.
Florida Appellate Courts Are Beginning To Express Their Frustration To The Trial Courts.
It’s becoming obvious Florida Appellate Courts are becoming increasingly frustrated with the lower court. The 2nd District Court of Appeals expressed this frustration in Maki v. Green Tree Servicing.
The 2nd DCA ruled:
This is an appeal from a final judgment of foreclosure. We are required to reverse because, as has become far too common in residential foreclosure cases, the plaintiff that took the case to trial—Wilmington Savings Fund Society, FSB, which was neither the original lender nor the original plaintiff—failed to present legally sufficient evidence that it had legal standing under section 673.3011, Florida Statutes (2016), to enforce the promissory note upon which this foreclosure action is based.
The already expansive body of foreclosure law in Florida will not benefit from another long opinion that details a foreclosure plaintiff’s failure of proof when standing has been placed at issue or that repeats the settled legal principles governing that question.