The Law Offices of Evan M. Rosen obtains another win for a client in a foreclosure case. This dismissal comes on the eve of trial resulting from a deposition taken of Angela Edwards, a Complaint Verifier for Homeward Residential and a Motion to Strike Verification as a Sham that followed.
It all started months before the trial was set and it was one of our first cases we decided to go after the verifier of the complaint. So we served the witness with a subpoena and set down the deposition. Little did we know that a few weeks later we would have the weapon needed to defeat this foreclosure.
It was plainly obvious from our deposition that Ms. Edwards had very little knowledge of even the basics of her employer’s business. Although she claimed she received training to verify complaints, she could not explain basic facts that were alleged in the Complaint and did not even know what to look for in order to verify those facts. Most poignantly, she admittedly did not verify certain key aspects of the Complaint but instead relied on the Complaint itself as her proof that the allegations stated therein were true and correct.If this were a philosophy paper, a somewhat circular statement such as “I think therefore I am” is perfectly acceptable. However, in a court of law, when a document requires that it be verified as true and correct, under penalty of perjury, one cannot sign off that what is stated in the Complaint is true because it is stated in the Complaint. This is preposterous.
The entire reasoning behind the Florida Supreme court taking unprecedented, historic action to amend rule 1.100(b) to require verification of residential foreclosure lawsuits was because of the financial industry’s well documented illegal behavior. It was primarily in response to the “robo signing” scandal, which ultimately led to settlements with 49 states, OCC consent orders, and numerous class action and shareholder lawsuits. We now know that “robo-signing” is used to describe the rampant process of having a person sign a document without authority to do so and/or knowledge as to that which they are signing, despite swearing otherwise.
And just like past “robo-signers” this new breed was no different.
Copy of The Voluntary Dismissal and Deposition of Angela Edwards Below…
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Notice of Voluntary Dismissal