What I find most interesting about this article is how many references are made to “bad” practice, yet not a word is spoken about the long term consequences or the actions that are proposed to deal with the wrongdoing which will prolong this crisis….The Bar seems totally tone deaf on this issue….
An affidavit signed in California, but notarized in Minnesota, is hard for a judge to ignore — even when the foreclosure is uncontested.
That testimony was part of a presentation to the Senate Banking and Insurance Committee in December by judges and lawyers toiling in Florida’s foreclosure morass.
The courts are making progress in tackling the huge backlog of foreclosure cases — thanks in large part to supplemental legislative funding — but defective paperwork is still a big problem, and another wave of home foreclosure filings looms on the horizon.
The judges said faulty and fraudulent documentation is the main cause of delays, and the courts are bracing for an anticipated deluge of commercial foreclosures in the coming year. Court officials also discussed the limitations of the Supreme Court-ordered managed mediation program.
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