Court Clarifies Evidentiary Requirements for Foreclosure Filings

first_img The Best Markets For Residential Property Investors 2 days ago  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Court Clarifies Evidentiary Requirements for Foreclosure Filings iii Surprisingly, the Court failed to pick up on the impossibility of Parkin having personal knowledge of the fact the bank “never mailed” the letter. The only possible way he could have this knowledge is if he worked at the bank and monitored the mailing of all demand letters. The Florida Fifth DCA reversed a summary judgment of foreclosure finding, Eagle Home Mortgage, LLC (“the bank”), failed to proffer sufficient evidence that it satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021). In Parkin, the borrower responded to the bank’s foreclosure action by filing affirmative defenses which asserted in pertinent part that the bank “failed to fulfill all conditions precedent”— as required by paragraph 15 and 22 of the mortgage—so acceleration of the mortgage was improper.iThe complaint included a copy of the bank’s demand letter and the bank attached a two-page document entitled “Letter Log History File”ii to its motion for summary judgment. Ostensibly, the bank failed to authenticate the demand letter or the letter log via affidavit. Parkin opposed the bank’s summary judgment arguing factual issues prevented summary judgment. Specifically, in response to the bank’s summary judgment motion, Parkin swore in an affidavit that “he never received” the demand letter and that “it was never mailediii to him.” Notwithstanding Parkin’s opposition, the lower court entered a final summary judgment of foreclosure.Parkin appealed that judgment to the Fifth DCA which found the bank’s evidence was insufficient to demonstrate the bank mailed the demand letter.iv The Court explained that filing “the letter and the unauthenticated … letter log” without an affidavit “swearing that the letter was mailed” was insufficient evidence of compliance.v Alternatively, the Court elaborated, to prove it satisfied conditions precedent the bank could have proffered a return receipt card or evidence (based on personal knowledge) that the bank had and followed a regular business practice in mailing the demand letter to Parkin.vi The bank did none of this. The Court reversed the summary judgment and remanded the matter for further proceedings.Given the plethora of case law addressing this issue, the Fifth’s ruling does not come as a surprise. In the Court’s short opinion, it sites to six other cases which clearly establish the evidentiary requirements on summary judgment for demonstrating satisfaction of conditions precedent. This result could have easily been avoided.i Parkin, at *1. All future citations or quotations to this case are at this cite until indicated otherwise. ii The court did not discuss the contents of this document. Demand Propels Home Prices Upward 2 days ago Previous: Pandemic Forces Shifts in Migration Next: ‘Early Resolution’ Could Add Extra Complications Servicers Navigate the Post-Pandemic World 2 days ago vi Parkin, at *2. All future citations or quotations to this case are at this cite until indicated otherwise. Related Articles About Author: Nazish Shah Data Provider Black Knight to Acquire Top of Mind 2 days ago Home / Commentary / Court Clarifies Evidentiary Requirements for Foreclosure Filings in Commentary, Daily Dose, Featuredcenter_img Senior Litigation Associate at Diaz Anselmo & Associates, [email protected] Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago 2021-04-06 Christina Hughes Babb Servicers Navigate the Post-Pandemic World 2 days ago April 6, 2021 3,222 Views Sign up for DS News Daily Share Save Data Provider Black Knight to Acquire Top of Mind 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago iv Parkin, at *2. Demand Propels Home Prices Upward 2 days ago v Parkin, at *1. Subscribelast_img read more

Install Lock 7 gates to alleviate flooding

first_imgIs Lock 7 dam the cause of Stockade flooding?I attended part of the March 23 Watershed Symposium at Union College and learned that the Lock 7 dam in Niskayuna lacks release-gates and thus causes most of the flooding we experience in the historic Stockade. The canal dams upstream are liftable, either partially or fully, giving them the ability to release excess water and also reduce the threat of ice-jamming. It is this “pooling of water” at Lock 7 that causes most of our flooding. Can New York state own this engineering mistake and move toward correcting it?Susan DuFourSchenectadyMore from The Daily Gazette:Schenectady department heads: Budget cutbacks would further stress already-stretched departmentsSchenectady, Saratoga casinos say reopening has gone well; revenue down 30%Schenectady NAACP calls for school layoff freeze, reinstatement of positionsMotorcyclist injured in Thursday afternoon Schenectady crashSchenectady man dies following Cutler Street dirt bike crash Categories: Letters to the Editor, Opinionlast_img read more

Sea Bright Mayor Steps Down After 18 Years of Public Service

first_imgOutgoing Sea Bright Mayor Maria Fernandes is proud of her 18 years of service to the borough and numbers among her accomplishments securing a $1.5 million grant for the rehabilitation of the borough’s sewer infrastructure and helping to secure $1 million in funding for streetscape enhancements and road repairs.SEA BRIGHT — For 18 years there has been a constant in the borough as Maria Fernandes held forth in her different roles, on the Planning Board, Borough Council and then as mayor for four years. But with the installation of the new mayor, Fernandes is stepping back.Last year, following a series of health problems, Fernandes, 59, decided not to seek re-election as mayor.“When the time came for campaigning,” for the 2011 mayoral race, she explained in an interview with The Two River Times on Wednesday, “I said I would definitely run again. But then I thought maybe it’s time to hang my hat up and let someone else do it.”That someone else, it turned out was fellow Democrat Dina Long, a borough council member, who was elected to the mayoral office in November.Deciding to retire is bittersweet for Fernandes, who acknowledged she had come to really enjoy the nuts and bolts of government work and its final results, which is to help people and solve problems.“I was doing things (based on) what was best for the borough,” she said.Fernandes, who is from Elizabeth, moved to Sea Bright with her family back in 1958, when her parents bought their first of two Ocean Avenue properties. As an adult she worked for a steamship company in Newark, where she was in charge of its international shipping, and later worked as a middle manager for a Holmdel-based dental manufacturing company.Her career in public service began back in 1994 when then-Mayor Charles Rooney asked her first to run for borough council (which she turned down at the time, thinking she had no taste for politics) and then to take a seat on the planning board. She found that she actually liked working on the board. “I always liked helping people and I wanted to explain the process,’ she said of her early days, noting she developed an appreciation for the work of architects and engineers in the process, as well. “You learned a lot of things,” she said.She rarely missed board meetings and went to all of the borough council meetings. She then worked on the council campaign for Democratic candidate Elizabeth Smith. She eventually conceded to Rooney’s request to run for council, winning pretty decisively in 1996.The major issue then was the sewer/sanitary system, as the governing body decided to enact a separate utility and a corresponding bill, much to the outrage of residents, she recalled.As a council member upgrading the sewer system remained a top priority for her.“I guess my mind was in the gutter,” she kidded. But stressed it was and is an important issue for the small beachfront community.She lobbied local Assembly people and helped secure $1.5 million in state grants for the rehabilitation work on the system and pump stations. “That was very fulfilling,” she said of that accomplishment.Later she helped usher in the Downtown Infrastructure Improvement Project, winning about $1 million in grant money, allowing the borough to repave and redo roadway and sidewalks on a number of side streets.Recently, she had been working with U.S. Representative Frank Pallone Jr. (D-NJ) on getting Federal Emergency Management Agency (FEMA) funding to replace some bulkheading and pumping equipment to address the long standing flooding problem. “We’ve made very good headway,” she said.“So, I guess I’m glad I had my head in the gutter,” she said.“I was never political. I’m not political now,” she stressed. “I never had any political aspirations.” But in the aftermath of Rooney’s death, she charged, the borough council became so mired in partisan bickering it was at a stalemate.“What always bothered me was the time wasted on politics.” So, she decided to run for mayor, winning the office.“I think name recognition is good,” and may have contributed to her victory then. But more importantly for the voters, she suspected, “I was a working council member.”Looking back on her time in office, Fernandes conceded that she would have like to have made greater strides in the per pupil cost borough property owners have been saddled with over the years to send local students out of district for schooling, long a bane to local taxpayers and officials (costing upwards of more than $90,000 per year, per student). “I wish we had the opportunity to sit down with the commissioner [of education] or the governor himself,” she said. “But we did make inroads.”She has been responsive to the needs of her constituents, helping where she can or finding out where help can be obtained. “I am not shy about getting back to everybody,” she said.Last year, Fernandes suffered a mild stroke, affecting her speech and movement on her right side. She also had her right leg amputated due to circulatory problems, which led to her decision to retire.But it may not be the last voters hear from her, she hinted. “These challenges have a way of winding up in my lap,” she said, with a smile.“I may look to come back to the council. You never know.”last_img read more

Bandits rob, shoot security guard

first_imgThe spent warhead at the sceneA 60-year-old man of Independence Boulevard, Georgetown was on Saturday morning robbed and shot in front of his home, shortly after returning from a night shift.Keith Canzius’s house where the robbery occurredAccording to reports, the incident occurred at about 05:45h at Lot 239 Independence Boulevard, La Penitance.Keith Canzius, a security guard, was just about to open his gate after arriving home, when he was pounced upon by two males, one of whom was armed with a gun. A scuffle ensued and he was shot once to the left side of his chest.When this publication arrived at the scene, Canzius said he saw the duo on a bicycle just minutes before the incident but dismissed any ideas that they were about to rob him.However, as he attempted to enter the yard, the suspects charged at him, removing money from his pocket and a bracelet. One of men, he recalled demanded that he hand over a phone but he tossed it over the fence. After that, the bandits quickly made their escape on the said bicycle and fired one shot which caught him near his chest.“I spin around and the other one on the bike saying to ‘take he phone’ so I throw the phone in the yard. We had a scuffle and they ride away and the other one shoot me,” the injured man explained.He rushed to the Georgetown Public Hospital Corporation (GPHC) where he was treated and discharged. Meanwhile, a report was filed and Police visited the scene where CCTV footage was retrieved for processing. However, when Guyana Times visited the victim’s home, a spent shell was still present at the scene.The suspects escaped with $6000 and a bracelet valued at $90,000. The victim recalled that they wore hoodies to hide their faces.According to Canzius, the crime rate has been growing in his community and other family members have been robbed. Just recently, a nephew was the victim of a similar incident, allegedly by the same persons. He stated that their method of operation is during the morning and afternoon hours.“They rob my nephew and two other boys from the area and is the same two. That’s the time they does rob people – at 6 and 7 ‘o’ clock in the morning and in the afternoon. I glad if the camera working and the police can pick them up,” Canzius told this publication.last_img read more

Expressions of interest sought for Town and Village Renewal Scheme

first_imgThe Donegal County Council are seeking expressions of interests from towns and villages across the county as part of the recently launched Town and Village Renewal Scheme. This scheme is targeting rural towns and villages with populations of less than 10,000 and is being funded by the Department of Rural and Community Development with the local authority administering the scheme.€1.1m of funding from the scheme was granted in 2018 to 11 towns and villages around the county. Expressions of interest are being sought for projects that will enhance and develop towns and villages socially, economically and culturally and proposals should include activities which will have clear positive economic impacts on the town, rather than just public realm-type actions.Applications from towns and villages can range in value from €20,000 to a maximum of €100,000.Funding of up to €200,000 will also be considered for a limited number of projects which can deliver exceptionally strong economic benefit to a town and its outlying areas.The Council is keen to receive interest from groups who may have a suitable project for consideration under the scheme. All expressions of interest will be assessed based on the priorities set out in the Scheme Outline and a maximum of 12 proposals may be selected for further development into detailed applications which will be submitted to the Department of Rural and Community Development for further assessment.The closing date for groups interest is at 5.00.pm on Friday 17th May 2019.Expressions of interest sought for Town and Village Renewal Scheme was last modified: May 1st, 2019 by Shaun KeenanShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Call to sign Mandela ‘Lego-cy’ petition

first_img22 May 2014“You’re never too young to know the whole story”, Cape Town-based digital marketing agency Quirk says at the end of a YouTube video backing its campaign for Lego to create a special set of its interlocking plastic brick toys to honour the “Legocy” of Nelson Mandela.Quirk’s video is one of three finalists in YouTube Film Hack, a Google-sponsored competition for South African video content creators to produce inspiring YouTube marketing content based on Mandela’s legacy. The Nelson Mandela Foundation made the three videos public on Thursday.The one-minute, forty-two second clip “Madiba: our country’s greatest story told in Lego” uses Lego figures to follow Mandela’s journey from the Pass Law protests of 1960 through the subsequent Rivonia Trial and imprisonment on Robben Island to freedom and ultimate reconciliation for South Africa as a whole.The soundtrack to the clip is a recording of the famous excerpt from Mandela’s Rivonia Trial speech, in which he declared that he was prepared to die for a free South Africa.“This is our country’s greatest story,” Quirk declares in a note posted below the video. “Let’s never stop telling it. Help us keep Madiba’s legacy alive to children of all ages. Add your name to our request to Lego for the creation of an official ‘Madiba: Freedom Fighter’ set. Go to www.legocy.co.za and share an icon with the world.”The same message appears in shortened form at the end of the video, adding that Quirk will be handing its request to Lego on 5 December 2014.The innovative campaign bears out Quirk’s slogan – “brave curious minds” – and gives further indication why the South African agency was targeted for takeover by London-based communications conglomerate WPP, which acquired a controlling stake in Quirk earlier this month.SAinfo reporterlast_img read more

Wheat tour showcases U.S. varieties to E.U. buyers

first_imgShare Facebook Twitter Google + LinkedIn Pinterest A European trade team representing Spain, Italy and Malta recently spent a week touring wheat fields in North Dakota, Minnesota and Ohio. The group’s Ohio leg included a tour of the Agriculture Research Service (ARS) Lab in Wooster, a visit to the OARDC wheat test plots for an overview of the Soft Red Wheat Breeding Program and concluded with a farm tour and dinner at Stover Family Farms in Shelby.last_img

The Latest Trump warns GM could lose subsidies over layoffs

first_imgWASHINGTON — The Latest on President Donald Trump and General Motors (all times local):2:40 p.m.President Donald Trump is saying he’s “very disappointed” in General Motors closing plants — and he says the White House is “looking at cutting all subsidies” for the auto giant.Trump tweeted his warning Tuesday, a day after GM announced it would shutter five plants and slash 14,000 jobs in North America.He blasted GM’s CEO, Mary Barra, “for closing plants in Ohio, Michigan and Maryland” even though “nothing” was “being closed in Mexico & China.”Trump angrily referred to the 2008 federal auto bailout by adding that “the U.S. saved General Motors, and this is the THANKS we get!”The president floated the idea of cutting subsidies for GM’s electric cars program.White House press secretary Sarah Huckabee Sanders did not elaborate as to what cuts could be enacted.___2:15 p.m.The White House is expressing “great disappointment” in General Motors after the automobile giant announced it would be cutting thousands of jobs.National Economic Council director Larry Kudlow said Tuesday the White House’s reaction was “a tremendous amount of disappointment maybe even spilling over into anger.”Kudlow met with GM CEO Mary Barra on Monday after the company announced it would shutter five plants and slash 14,000 jobs in North America. Kudlow says it felt as though GM “kind of turned” its back on President Donald Trump by closing the plants in the Midwest.Kudlow says he didn’t see a recession in the offing and didn’t rule out that the White House may take action against GM.General Motors Co. says it’s abandoning many of its car models and restructurings to focus more on autonomous and electric vehicles.The Associated Presslast_img read more

Fort St John RCMP launching Safe Place program to support local LGBTQ

first_imgLocal businesses and organizations are able to participate by placing a decal in their window that clearly identifies the premise as a safe haven and ally for members of the LGBTQ community.In January, Prince Rupert became the first community in Canada with an RCMP-led Safe Place program, and other detachments across B.C. have followed suit.Cpl. Francoeur said that to his knowledge, Fort St. John is the first community in Northeast B.C. to launch the program.Any businesses or organizations can sign up to participate in the Safe Place program by calling Cpl. Francoeur at the Fort St. John RCMP detachment at (250) 787-8100, or by emailing [email protected] files from The Vancouver Sun and CBC News. FORT ST. JOHN, B.C. – The Fort St. John RCMP is launching a new anti-hate crime program in support of the LGBTQ+ community in the Energetic City.Cpl. Steven Francoeur said that the local RCMP detachment will be starting a Safe Place program in Fort St. John after the program was launched by the Vancouver Police Department ahead of that city’s Pride Festival two years ago.Cpl. Francoeur explained that the Safe Place program offers anyone who feels they are in an unsafe environment a place where they will be welcomed and are able to call the police and wait for officers to arrive.last_img read more