LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK
By Daniel Edstrom
DTC Systems, Inc.
After reading this article by Neil F. Garfield, Esq. (http://livinglies.wordpress.com/2011/12/09/florida-supreme-court-rips-up-banks-playbook/), I have an open question for lawyers and judges that I am pondering. How can any “final” adjudication be final if the title to a property has not been fixed? If title to a property is left in an inconsistent state, how can res judicata, a judgment or any other type of ruling be “final”? If title to a property is left with, for example, a wild deed, a forgery or some other defect (or as seems to be typical – defects) rendering title unmarketable, would it not take a ruling by a judge to correct these issues? If a UD judgment is “final” and a homeowner is evicted, and title is left defective (again, by way of example with a wild deed, forgery or some other similar type of defect), how do you get title cleared?
