Helpful Order from FLORIDA Trial Ct VACATING Foreclosure JT….Setting aside sale…..Denying “Writ of Possession” to Assignee….Setting a Non-jury Trial;


This order was obtained by Gloria Walker with Three Rivers Legal Services in Alachua (Gainesville) County, Fl.

While the court advises that because there was a default entered against the borrower that precludes the borrower from a trial on liability, the court fails to state that the foreclosing party still has to put on a case that includes admissible evidence of liability for a judgment to be entered. This means that the plaintiff still has to put the requisite documents establishing standing/rpi into evidence before the court can move to the issues of damages which the borrower can challenge.

Order granting mot for relief & vacating fj.hannible (1)

The courts cannot just robo-stamp a liability judgment on default without running afoul of the access to courts provision of the Florida Constitution which precludes standing/rpi right to invoke subject matter jurisdiction over the foreclosure action without the presentation of admissible evidence of standing/rpi.

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I write, blog, publish and rant about issues concerning foreclosure, real estate law and any topic of interest. My day job is Fashion and Costume Design.
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