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Summary Judgment Denied - Transcript

Summary Judgment Denied - Transcript

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Published by winstons2311
A transcript of how an excellent Foreclosure lawyer argue to have the Bank Motion for Summary Judgment denied.
A transcript of how an excellent Foreclosure lawyer argue to have the Bank Motion for Summary Judgment denied.

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Published by: winstons2311 on Sep 09, 2010
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12/28/2011

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Kanabay Court Reporters - Serving the Tampa Bay AreaPinellas 727 821-3320; Hillsborough 813 224-9500
1
 1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
 
IN AND FOR PINELLAS COUNTY, FLORIDA 
2
CIVIL ACTION
 3 
TAYLOR, BEAN AND WHITAKER CASE NO. 09-007756-CI
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MORTGAGE CORPORATION, DIVISION: 08
 5
Plaintiff,
 6
vs.
 7
ANDREW H. PREBLE, et al,
 8
Defendants.
 
 ______________________________
9 10 11
PROCEEDINGS: Plaintiff's Motion for Summary Judgment
 12
BEFORE: The Honorable Robert E. Beach
 
Senior Judge of the Circuit Court
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DATE: August 24, 2010
14 
PLACE: St. Petersburg Judicial Building
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545 1st Avenue North
 
St. Petersburg, Florida 33701
16 
REPORTED BY: Cathleen Tveten, Court Reporter
17 
 APPEARANCES: Allyson L. Smith, Esq.
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Florida Default Law Group, P.L.
 
P.O. Box 25018
19
Tampa, FL 33622-5018
 
(813) 251-4766
20
Attorney for Plaintiff
 21
Matthew D. Weidner, P.A.
 
1229 Central Avenue
22
St. Petersburg, FL 33705
 
(727) 894-3159
23
weidnerlaw@yahoo.com 
 
 Attorney for Defendant
24 25
 
Kanabay Court Reporters - Serving the Tampa Bay AreaPinellas 727 821-3320; Hillsborough 813 224-9500
2
 1
(EN MASSE CALENDAR CALL;
 2
UNRELATED PENDING CASES HAD AND NOT TRANSCRIBED HEREIN)
 3
THE COURT: You wanted to say something?
 4
MR. WEIDNER: Yes, your Honor, if I may provide
 5
a general statement to answer your questions about
 6
the state of affairs in this industry right now.
 7
I want to tell you that in your courtroom you
 8
will start to see a lot of pro se folks come in
 9
here. What I'm seeing in some cases, perhaps many
 10
cases, is that the pro se folks are in active and
 11
ongoing communication with the servicer.
 12
I have cases where they are actually paying
 13
money directly to the servicer. They are under
 14
representations, direct specific representations of
 15
the servicer, or whoever's collecting the money,
 16
that as long as you're in communication with us, as,
 17
long as you're making payments to us, you don't need
 18
to worry about this process on the other side.
 19
And with all due respect to my colleagues over
 20
there, who I know are working very hard, I know it's
 21
very difficult for them to communicate with their
 22
clients. Because frequently what we hear from the
 23
other side of the table is, You call the 800 number,
 24
because we have difficulty getting in contact with
 25
our clients --
 
Kanabay Court Reporters - Serving the Tampa Bay AreaPinellas 727 821-3320; Hillsborough 813 224-9500
3
 1
MS. SMITH: Your Honor, that's not true.
 2
THE COURT: Well, my experience has been -- and
 3
I agree with him as to what he says with respect to
 4
pro se people coming in and trying to save their
 5
house and they've been in touch with the mortgage
 6
company, and, in fact, the lending institution would
 7
like to work something out with them and is pretty
 8
amenable to all kinds of new deals, but the problem 
 9
is that the pro se person can't reach the person in
 10
charge of their mortgage.
 11
MR. WEIDNER: The attorneys can't, your Honor.
 12
THE COURT: And the attorneys can't, and even
 13
the lawyers for the mortgage company can't, and
 14
that, to me, seems to be the big problem and people
 15
trying to resolve these cases without going through
 16
foreclosure.
 17
And I think what's happening -- and I've talked
 18
to people in the business: One, they're inundated
 19
with mortgage foreclosures; two, the same people
 20
never work on that case more than two weeks and then
 21
they're off to something else; and when you call, if
 22
you're able to get anybody, they don't know anything
 23
about the case, they'll get back to you, which they
 24
never do.
 25
So it's a problem within the industry, as far

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