The article is worth reading and Tom’s comments are right on point. One thing pointed out in the middle fo the article leads to me believe that the courts are also fed up with banks failing to prosecute cases that they say are “standard foreclosures.” The opinion states that the case should have been dismissed years ago for lac of prosecution. This might give judges pause when they blame the homeowner for the delays. The case belongs to the party who filed it. I have several cases that are 5-6 years old. I filed motions to dismiss for failure to prosecute and the court denied it because the opposing attorney filed a few papers that did nothing to advance the cause. On appeal, it might be worth raising this issue, especially in the Florida 1st DCA.
The importance of these decisions cannot be overstated. The appellate courts are looking beyond the “facially valid” paperwork and insisting that the evidence be trustworthy and credible. Those points should be emphasized in argument before the court.
Filed under: foreclosure