90% of what foreclosure defense are doing on a regular basis is fighting to have the courts enforce the existing rules, procedures and laws that apply to foreclosure cases. There is so much inconsistency and flat out courts refusing to apply the existing laws and rules, but in one circuit at least, the court has taken the time to make it clear that laws will be applied and the statutes will be respected.
Take a look at these highlights then download the entire document….
The Brevard County Mortgage Foreclosure Division issued its third revised policies and procedures last month. Excerpts from these policies and procedures are posted below, along with bold highlights and italics to make for a quicker read:
Affidavits/Acknowledgements
The Court continues to see hybrid jurats on affidavits and some affidavits which conclude with “to the best of my knowledge and belief.” To be an affidavit, the Notary Public or other officer taking the oath must state in the jurat that the party was sworn and that the matters in the affidavit are true.
There also appears to be a misconception as to the meaning of a verified pleading when allowed by a statute or rule of procedure. There also appears to be a misconception of the meaning of language necessary for an oath or affirmation versus an acknowledgement. The question arises frequently in certain actions under the prejudgment writ of replevin statute and prejudgment writ of garnishment statutes.
An oath or verification requires a swearing or affirmation which would subject the person signing the pleading to a prosecution for perjury if the facts sworn to be true are false and the person knew they were false when
sworn to or affirmed.
An acknowledgement is a statement by a person qualified to take oaths andacknowledgements that the person purporting to sign the document (such as a deed) produced identification or was known personally and stated that he or she was the person who signed the document, not that the content of the document is true.
Tweet this!Share and Enjoy:
Scridb filter