10 August 2014

KingCast and Mortgage Movies See Superior Court Judge Ignore Relevant Evidentiary Rules and Principles to Grant Summary Judgment in Foreclosure Case with Select Portfolio Services.

In stark contrast to the cases I've recorded where Stafne Law Firm wins (Pardo v. NWTS, MERSCORP, Ocwen on Civil Conspiracy) and (Bradburn v. ReconTrust on vertical integration and Trustee Bad Faith set aside sale) the Judge in this case completely neglected to issue any specific Findings of Fact or Conclusions of Law.  There were issues of multiple entities claiming to hold the note, which in and of itself is a viable claim these days.  How can it be in the Trust and be in the lawyer's office at the same time, it is simply impossible. And whose burden is it to prove original signature -- always the foreclosing party last time I checked.  Expert witness Nye Lavalle (Deadly Clear) will be interested to know that the Court docked the homeowner because he did not explicitly say "that's not my signature." Well then going forward I would hope that homeowners explicitly say "that's not my signature" because as the Florida Bankers have stated, the original documents have pretty much been destroyed so no, if they are proclaiming to have your original signature then guess what: They are lying. I'll see to it that he gets this journal entry.

Just watch the first 5:25 minutes or so for the recap of essential arguments.

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