Topic: COURT DATE TODAY
today august 20, 2010 I accompanied a homeowner to open court
where the fate of his foreclosure action was determined by the mood
of Judge Starns in Lee County circuit court in ft myers.
this was the day of his Summary Judgement Hearing .
I am a Realtor acting for the Potential Buyer of his home which is in the process of being foreclosed on . the bottom line is that we now have at least 60 days until they auction off his property at the courthouse steps *
The judge did not allow me to talk (this time) because I am not a Lawyer nor do I own the house . The Homeowner did his best, but he fumbled for words , obviously being in an uncomfortable environment for anyone . although most homeowners dwell on trivial
details on how they are working it out with the bank and the bank on the phone told them they would do this and that ,the homeowner
tried to tell the judge that AURORA SERVICING LLC did not have the right to sue him and the note was not transfered correctly , the Judge jumped at the fact that last time he had seen a Blank note
assigned and that was ok rush rush rush ...he missed the point that
all the other documents were done incorrectly. rush rush rush
the homeowner did not use one KEY WORD and did not file some papers in time .
the fact of the matter is that Homeowners are standing across from an attorney who is trying to take the house away as fast as possible , only being slowed down by legal procedure. This is a curious process . There are probably 150 cases in one session . about 20 homeowners show up, the rest automatically lose. (Whether the process is legitimate or not , if you are not there , the other side wins) . AND their is ONE attorney representing all the banks ...he just goes to the pile with your name in it .....efficient huh? who arranged that ?
you would think our tax dollars would appoint a public defender too.
in this case , the "Bank" clearly did not have their ducks in a row .
they did not have the right to sue , they were just the servicer ,
threw together the paperwork and served it to the court .
Because JUDGE STARNS has 150 cases to deal with this afternoon ,
he has heard it all before and bingo ..... 60 days and your out of your house ... Florida Law says they have to give you 20-35 days
so Judge Starns will sleep good tonight .
MORAL OF THE STORY......can't help you if i don't know you...
next time ... what happened the last few times i was there
PS. I have lots of success stories with People selling their house,
stopping foreclosure, leaving as planned and downsizing to homes they now can afford (with our help)
