Tag: Florida Supreme Court

Florida Attorney General Says Law Firms are Creating Invalid Assignments

Florida Attorney General Says Law Firms are Creating Invalid Assignments

By Daniel Edstrom
DTC Systems, Inc.

The Florida Attorney General is asking the Florida Supreme Court to certify the following question:

Whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair or deceptive trade practice under FDUTPA which may be the subject of an investigation by the Office of the Attorney General.

 

 Download the Pleading here: http://dtc-systems.net/wp-content/uploads/2012/01/Stern-Motion-for-Certification-before_FL_Supreme-Court.pdf

LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK

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?