Foreclosure reversed! Plaintiff lacked standing to sue — Scott v. SRF

Sued by a stranger

You’ve been sued in a foreclosure case. Your home is on the line. The “lender” suing you is someone you’ve never heard of.

How do you protect your rights?

Ricardo & Wasylik wins appellate reversal of foreclosure

This was the main issue in the case of Scott v. Strategic Realty Fund, where Ricardo & Wasylik got a reversal of a trial court foreclosure order, where the foreclosing “lender” failed to prove it had any right to enforce the loan.

A break in the chain and a hearsay affidavit

Although the evidence included a chain of assignments from one purchaser to another, that chain contained a fatal broken link—a break that justified reversal of the foreclosure. The appellate court also found that SRF’s affidavit submitted “offered no adequate explanation” of how the witness could know the “facts” she swore to—making it inadmissible hearsay.

If you’re being sued by a stranger in a foreclosure case, you have the right to demand proof that they can enforce the loan. And if they can’t, you have a right to a dismissal of the foreclosure.

You can read the opinion in Scott v. Strategic Realty Fund here.

Don’t let a stranger take your home—get help now

If you have a question about strangers in your Florida foreclosure case, contact us online or by phone at (352) 567-3173 for a no-charge, no-obligation 30-minute strategy session to find out what your options are going forward.

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