WEST PALM BEACH — Homeowners in foreclosure may have a better chance of getting a true trial, instead of a quickie judgment, following a 4th District Court of Appeal decision that requires banks to prove ownership of the note at the time they file for repossession.
The ruling Wednesday in Palm Beach County was heralded by foreclosure defense attorneys who said it may even force banks to dismiss some cases and start over with new paperwork.
Tom Ice, founder of the Royal Palm Beach-based foreclosure defense firm Ice Legal, called the decision a “sea change” in the way courts are looking at foreclosure cases and the importance of assignments of mortgage.
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