Sunday, September 11, 2011

Fla. Appeals Court Reverses Ruling Against Homeowners in Foreclosure Case, Due to Bad Affidavit

Posted Sep 8, 2011 5:10 AM CDT
By Martha Neil

A lender will have to try again in a Florida foreclosure case.

A state appeals court yesterday reversed a Palm Beach Circuit Court summary judgment against homeowners Gary and Anita Glarum because it relied on an affidavit by a lender representative without personal knowledge, reports the Palm Beach Post.

The couple had been found to owe LaSalle Bank nearly $423,000, based on the affidavit by Ralph Orsini.

However, "Orsini did not know who, how, or when the data entries were made into Home Loan Services' computer system," the 4th District Court of Appeal says in its opinion. "Orsini could state that the data was accurate only insofar as it replicated the numbers derived from the company's computer system."

The Glarums were represented by Tom Ice of Ice Legal.

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