The Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court

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A Florida court case a few years back involving an alleged sale leaseback foreclosure rescue scam serves as a reminder of the type of difficulty screwed-over homeowners face in any foreclosure-related litigation when attempting to assert their rights, only to have a trial judge dispose of their case by summary judgment and without the benefit of an evidentiary hearing.

The home equity theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court The Home Equity Theft Reporter: Florida Supremes Send Shivers Thru Bankster Community; Kibosh Sneaky Effort To Buy Out Of Robosigning Litigation By Settling Case With Homeowner

The Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court This case dealt with an eviction action in a sale-leaseback, foreclosure rescue ripoff. The trial court granted a motion that, in effect.

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This case dealt with an eviction action in a sale-leaseback, foreclosure rescue ripoff. The trial court granted a motion that, in effect, erroneously treated the subject transaction as a standard landlord-tenant relationship. In reversing, the Florida appellate court stated: The substance and not the form is what is critical.

If the motion is lost, the homeowner is unlikely to get a second chance. Since the summary judgment is a critical part of the case it is ESSENTIAL that the homeowner’s attorney bring a court reporter to the hearing. By having a court reporter there is a record of the proceedings.

The Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court

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Home Equity Theft Reporter The state Department of Justice filed a brief in the 9th U.S. Circuit Court of Appeals, arguing that the Mortgage Electronic Registration Systems, or MERS , can’t stand in for lenders when it comes to county records in what’s called "a non-judicial foreclosure" — one that does not go through court.

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