A Palm Beach County family that lost its home in a 2010 foreclosure judgment is getting another shot at its case after the 4th District Court of Appeal said a lower court was premature in ruling for the bank.
In the case, Dilcia Osorto v. Deutsche Bank National Trust Co., the homeowner was seeking evidence from the bank when the final foreclosure judgment was entered by a Palm Beach County circuit judge.
Appeals court Judge Mark Polen said in the Wednesday decision that the judgment should not have occurred until the defendant’s discovery was complete. The ruling sends the case back to the circuit court.
Homeowner attorney Brian Korte, of Korte & Wortman in West Palm Beach, said he had requested information about a trust that is said to hold Osorto’s mortgage when the summary judgment was granted.
“The question is, does the trust even exist, and what we find is when we finally get a deposition taken is that no one has ever talked to the trust, they don’t know what the address is, they don’t know if the trust has employees,” Korte said. “That’s why trust cases have become difficult for the banks.”
Osorto, 44, bought her suburban Lake Worth home in 2006 for $242,000. A job loss left her husband bringing in less money, and in 2008 the bank filed for foreclosure.
The final judgment was awarded in September 2010, and the home was sold back to the bank at auction in March 2011, according to court records.
The family is staying in the home pending the appeal.
“We told the plaintiff they should not evict our client because the new owners could ultimately be rejected and our clients put back in,” Korte said.
The Boca Raton-based law firm Shapiro, Fishman & Gache represents the bank in the case. The attorney was not available Friday.
Korte said the law is clear that a summary judgment shouldn’t be awarded when there is outstanding discovery, but that straightforward rules don’t always seem to apply in foreclosure cases.
Foreclosure defense attorney Tom Ice, of Ice Legal in Royal Palm Beach, agreed, saying the 4th DCA ruling is remarkable only in that it shouldn’t be remarkable.
“It’s not newsworthy except for the fact that the court is saying the rules apply to foreclosure cases too,” Ice said.
Korte said banks are more willing to do loan modifications when a mortgage is buried too deep in a trust.
“W hen you hunt the trust down, you find it was closed five years ago and bought by someone else,” he said. “That’s usually when the clients get a very nice loan modification or the case is dismissed.”
Or you Attorney;s get a free house for a freeloader. If they gave the money to the bank instead of giving it to YOU to elude and evade responsibility. People like you all are the reason FLORIDA WILL NEVER RECOVER.
Being on this scene in Florida since 2003, I have to say that the Palm Beach County overall is at fault for letting so many communities go under after the 2004-2005 Hurricanes. They got plenty of FEMA funds too, & should have helped communities who needed them. Helped by employing lots of people countywide to fix & bring back EVERY community, they let people suffer whole home and neighborhood losses of what they may have spent building on their entire lives.
Unfair Unjust & Unethical
8:32 PM, 3/30/2012
“djw” sounds like a nutjob-a bitter one-mind your own business-it’s none of your business who pays what biils and how much.The banks do not get a special pass to bypass or break the laws that are on the books.
9:36 PM, 3/30/2012
1. Did you sign papers to receive money to buy the house?
Yes? Go to step 2.
No? Then why are we here?
2. Did you pay the agreed payments to the servicer of your loan?
No? Go to step 3.
Yes? Then why are we here?
3. Get out of the house. It belongs to the bank and you will pay the difference between what the bank can recover in the sale of the house and what you owe the bank.
Now get out of my courtroom.
10:03 PM, 3/30/2012
the banks in conjunction with the financial industry have used deceit, to exploit the desire of people to participate in the American dream of home ownership to extract $ trillions of dollars from the American people and our economy.
Mortgage backed securities, credit default swaps, falsified court documents, we seem to want to blame our neighbors and loose sight of a corrupt systems that allowed and encouraged this activity that has done so much damage to so many people.
10:28 PM, 3/30/2012
I hate to see anyone thrown out of their home but a prior comment here reads that “banks in conjunction with the finance industry” forced people to “participate” in loans that they clearly could not afford. What about Personal Judgement? We all know what we make and what we can or can not afford. Also, let us not forget that Obama and his cronies caused the mortgage crisis by forcing lenders to accept these bad mortgages. The banks never wanted to lose billions on bad loans.
10:43 PM, 3/30/2012
It seems that Ms.Miller has left out some important information about the “buyer” of this home. County records show that Dilcia Orsoto bought this home in 2006 from a relative, Julio Orsoto, paying an inflated price of $242,000. Julio Orsoto purchased the home for $85,000 just 3 years earlier. The bank foreclosed because Dilcia Orsoto and co-buyer Baudelio Munoz made no payments for 2 years. Are we supposed to feel sorry for people who don’t pay their bills?
11:03 PM, 3/30/2012
Straw buyers, they should be in jail. Are they even legally in this country?
6:30 AM, 3/31/2012
There is a way to avoid foreclosure, Stop crying and simply pay the money to the bank that you promised to when you signed the contract and they gave you the keyes. I love Florida real estate . I have been a property owner for 35 years and never got a notice from any bank. If you can’t afford it let it go and move on. There are plenty of us investors that will pick up your homes at 30 cents on the
Very tired, I totaly agree
Keep them comming
6:35 AM, 3/31/2012
Why don’t these people pay their bills like the rest of us instead of paying a lawyer to help them scam the system? If you cannot pay your bills because you are living beyond your means – move on! There are way too many people out there that refuse to take responsibility for their actions. Yes the banks were stupid and greedy for loaning so much money to people that could not afford it, but there has to be an end to this insanity and the users that are taking advantage of it.
6:36 AM, 3/31/2012