The Real Deal Miami

Appellate court reverses foreclosure rulings

Decisions oppose robo-witness testimony
October 27, 2014 02:15PM

Attorney Tom Ice

Attorney Tom Ice

An appeals court threw out evidence in three foreclosure cases in what appears to be the start of a trend, according to the Daily Business Review.

The First District Court of Appeals said the trial courts in two of the cases should dismiss the suits outright in favor of the homeowners and ruled the lenders’ witnesses were unqualified, the report said. The decisions may be the first to strike down “robo-witnesses” against homeowners with lenders as plaintiffs.

According to defense attorney Thomas Ice of Royal Palm Beach, bank attorneys typically go to trial in foreclosure cases with a witness who has no understanding of a mortgage history, because the loans change hands, sometimes multiple times.

The report said the decisions could become effective statewide if the 30-day deadline for filing a motion for a rehearing expires with additional steps by the lender. [Daily Business Review] – Jennifer White Karp