Please Read the Whole Article at the Link above - but here is a portion:
When it comes to fighting foreclosures, homeowners and their lawyers may have found a new strategy to score courtroom victories.
Defense lawyers across the state are increasingly attacking the validity of affidavits that owners of notes must file with the courts as part of the foreclosure process.
Attorneys like Dustin Zacks, of the firm Ice Legal in West Palm Beach, are successfully arguing that plaintiffs — usually a trust that owns the note or the servicer of the note — are violating court rules by filing affidavits with no records attached to support their foreclosure suits. The records include details of the loan, borrower fees and payment history.
The Florida Rules of Civil Procedure (Rule 1.510) states that “sworn or certified copies” of all records referred to in the affidavit must be attached as evidence in the foreclosure case.
The rule helps ensure that homeowners’ due process rights aren’t violated — namely that the lender has to prove it is entitled to press its claim.
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