August 28, 2012
An Osceola County (Kissimmee), Florida Circuit Judge has today denied a Motion for Summary Judgment filed by Aurora Loan Servicing. The denial was based on recent Florida decisional law which requires affidavits in support of summary judgment in foreclosure actions to have specific information from the affiant when the affidavit is based on a review of records, and where the “Allonge” was undated and there was no evidence of authority for the person who executed the Allonge to have done so on behalf of a bankrupt entity. Significantly, the signor, one “Amy Hawkins”, claimed to be a vice president of both National Bank of Arizona and National Bank of Nevada on the same document.
We have seen numerous cases where “Amy Hawkins” has claimed authority to sign on behalf of these two “banks”.
The homeowner is represented by Jeff Barnes, Esq., who argued the motion in court personally today.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com