A few months back, I told you the story of a judge in Florida, who used to be a Rocket Docket judge. He thought that homeowners who raised issues relating to flaws in the paperwork where just stalling and what really mattered was : 1)did you take out a mortgage loan and 2) are you delinquent in your payments.
Then, like Saul on the road to Damascus, he had an epiphany. He found out that two different banks were trying to foreclose on the exact same house, using the exact same mortgage. He called in the lawyer in another case where he had granted summary judgment in favor of the bank despite the homeowner’s objection that there was no wet ink original note. He reversed his decision and told the homeowner’s lawyer the story about the two banks trying to foreclose on the same note, ending with this:
Interestingly, both affidavits, although they were different plaintiffs, purported the same facts and they were executed by the same individual in alleged capacity as a director of two separate corporations.
I predicted at the time that the judge, Anthony Rodolino would probably be taking the missing documents and lack of standing arguments of homeowners a little more seriously in future.
Boy, I had no idea I could be so right. Judge Rondolino has become a true believer in the gospel of the chain of title. . . .
On October 21, Judge Rondolino issued a blistering decision. From the Decision and Order:
Got that? Incarcerative sanctions! That means jail time. Jail time civilly from this judge, plus referral for criminal prosecution. Wow.
It’s a well reasoned opinion and explains why banks who did not properly assign the mortgages into RMBS at the time the securitized trust was created, cannot go back and fix it after the fact with a later assignment. Go read it. Judge Rondolino has written the template for all Florida judges to follow.