Fla 4th DCA Reverses Based Upon Trial by Ambush


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see 4th DCA Reive v Deutsch Trial by Ambush J Oftedal reversed DOC032515-001

Those of us who have been fighting this ground war have seen it again and again. The “corporate representative” is allegedly employed by the servicer. Nobody shows up representing the Plaintiff, except a lawyer who says he represents the Trust or other Plaintiff but we really don’t know that this lawyer has been retained by, say, US Bank as trustee for XYZ Securities Pass Through Trust 200X-A. In fact, we don’t even know if US Bank is the Trustee.

And even if they are the Trustee neither they nor their so-called trust (probably unfunded, so it couldn’t have purchased or originated any loans) have legal standing because they don’t own the loan. There is a huge difference between pleading and proof. AND standing means different things depending upon…

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About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
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