Florida Foreclosure defense: Court rules bank must prove ownership

A stop on foreclosures in Florida that are based on potentially incorrect or tainted paperwork has led to courts ruling that banks are required to present evidence of ownership when trying to foreclose on a property.

Fraud in the documents

On October 27th a panel of judges in the 4th District Court of Appeals in West Palm Beach ruled a Boca Raton home

that had been repossessed was done

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so illegally. The foreclosure had occurred despite the fact that the lender did not offer proof of ownership. Therefore, the judges declared the foreclosure illegal, a common ruling lately that has led to the stop of Florida foreclosures. Another ruling that came down from a similar case stated that banks have to show evidence they do

own or hold the mortgage. These rulings are in response to the “robo-signing” scandal of recent months. Many banks have admitted to going ahead with foreclosure filings despite having incorrect or missing paperwork. Additionally, banks have signed off on the paperwork without having reviewed the documents properly. This stop in Florida foreclosures has led Wells Fargo to pledge to resubmit documents in the coming days or weeks for Florida and 22 other states.

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Unlike other banks such as PNC, Bank of America, and J.P. Morgan Chase, Wells Fargo does not believe there was fraud involved in their document crisis. Instead they claim it was a technical

issue that has


led to the stop in Florida foreclosures. The scandal that has stopped Florida foreclosures has made its way to all 50 states. The attorney generals in all states are investigating legal procedures and documents. The stop in foreclosures Florida due to corrupted paperwork is sure to keep some Florida families in their homes for longer. Combine this with working with a Florida foreclosure defense attorney and a homeowner now has a

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chance at fighting to save their home rather than be foreclosed on like so many homeowners are. If you are looking

to find a foreclosure defense attorney in your area visit www.ForeclosureDefense.com and get a free consultation.

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