“The trial court was not authorized to deny foreclosure merely because it believed the borrower signed a ‘bad bargain,’ ” wrote Third DCA Judge Richard Suarez, with Chief Judge Leslie Rothenberg and Judge Vance Salter concurring. “ We thus reverse the entry of involuntary dismissal and remand for entry of final judgment of foreclosure.”
The appellate panel ruled the court improperly excluded evidence and based judgment partially on a defense the homeowner’s counsel did not raise. The homeowner, Alfredo Brito was making his monthly mortgage payments as usual when in June 2008 his payment was rejected by his loan servicer. From then on no more payments were made.
Two years later, the loan servicer advised Brito he was in default and demanded $60,000 as a remedy. Lender Deutsche Bank National Trust Co. then brought a foreclosure proceeding. Brito’s original loan servicer was absorbed by Ocwen Loan Servicing in 2012. Miami-Dade Circuit Senior Judge Judith Kreeger excluded the demand letter and the payoff printout when she should have admitted them, the appellate court ruled.
“Brito was elderly, suffered from dementia and paid religiously and was forced into foreclosure because of the predatory financial product,” said his attorney. “Under the circumstances, it’s appropriate to require Ocwen to comply with the rules of evidence and Florida Supreme Court precedent. No court is authorized to grant the equitable relief of foreclosure if there is unclean hands or insufficient evidence of standing to foreclose merely because the borrower defaulted on their mortgage,” he continued.
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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.
