What is wrong with Florida’s Third District Court of Appeal?

WHAT IS WRONG WITH FLORIDA’S THIRD DISTRICT COURT OF APPEAL?

Statistics from every Florida District Court of Appeal show something is wrong with the Third District’s handling of foreclosure cases.

By Evan M. Rosen

Fort Lauderdale, Florida (February 8, 2018) – “Statistics reveal what experienced Florida foreclosure attorneys already know, the Third District Court of Appeal has an issue properly adjudicating foreclosure cases. As detailed in one of the attached spreadsheets, of its sixteen written opinions addressing standing in recent-era foreclosure cases, the Third District has only ruled for a property owner twice. 66 Team, LLC v. JPMorgan Chase Bank Nat. Ass’n, 187 So. 3d 929 (Fla. 3d DCA 2016) and Riocabo v. Fed. Nat’l Mortgage Ass’n, 230 So. 3d 579 (Fla. 3d DCA 2017). (Consider that in 66 Team, the bank did not admit any documents or evidence at trial to prove its case. And in Riocabo, the bank confessed error – admitting that it must lose on appeal.)

Yet, every other district in the state has ruled for property owners in the overwhelming majority of its cases, and have issued far more written opinions. The attached chart tabulates and summarizes every Florida appellate written foreclosure opinion on standing over the course of the “foreclosure crisis.”

The neighboring Fourth District has issued 121 written foreclosure opinions on standing, 88 (73%) have been in favor of property owners. On this same issue, the Second District has issued 43 written opinions, 36 (84%) have been for property owners; the First District has ruled for owners 83% of the time; and the Fifth District has found for owners 72% of the time.

But, the Third District has ruled for a property owner only twice (13%). It’s also noteworthy that the Third has only issued sixteen written foreclosure opinions on standing – the fewest of any appellate court in the state. There is apparently no justifiable way to explain this.” ~ E. Rosen.

 

FROM OUR DESK:

The statistics are quite clear, but nothing seems to make sense.  The corruption in Florida runs as deep as the swamplands.  Draing the swamp?

Read through the press release by clicking here:  press release

 

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