Legal Question in Real Estate Law in Florida

Foreclosure Summary Judgment

I'm in FL, I refinanced my mortgage thru quick loan funding 2 yrs ago, and have been making payments to SLS, a loan servicing company. I got behind and got sued for foreclosure by US Bank, whom I had never heard of or had any dealings with. I (pro se) filed a motion to dismiss for lack of standing (US Bank was not the mortgagee). US Bank filed a Motion for Summary Judgment, US Bank appeared by phone for the hearing, and the judge granted final summary judgment. At the hearing the judge had a paper copy of the assignment of mortgage to US Bank in his hands. That was not attached to US Bank's complaint, and I never got a copy of it. Yet somehow the judge got it, and he used it to rule against me. Isn't that a violation of due process? Can they provide items like this to the judge and not the defendant? Can I appeal?


Asked on 11/15/07, 11:28 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Foreclosure Summary Judgment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It does seem as if there were some improprieties in the way you say the case was presented to the court. Frankly, if you had been represented by counsel, this could never have happened.

Yes, you can file an appeal, but you will need to retain counsel in order to comply with all of the requirements of the court. It is a complex procedure and there is no leeway given to pro se litigants.

Scott R. Jay, Esq.

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Answered on 11/15/07, 11:12 pm


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