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Early Holiday Presents from the 4th DCA

By Oppenheim Law on Florida Law, Foreclosure, Real Estate & Roy Oppenheim

Hi. I’m Roy Oppenheim, foreclosure defense and real estate attorney. First and foremost, I’d like to wish all of you, a very very Merry Christmas, a happy holiday and the very best for the New Year.

Speaking of the holidays, we all got a really, really neat early Christmas gift from the Fourth DCA, the Fourth District Court of Appeals here in Florida over the past several days in a series of really, really strong opinions. The court has finally come to grips with the issue of legal standing in foreclosure cases, and for years now, we have been saying that banks have systematically, and systemically, have literally cutting the corners in the foreclosure defense process, in the foreclosure process by not having the requisite power and authority to bring their cases. And what they’ve been doing by cutting those corners is they’ve literally been cutting the corners of both the United States and Florida Constitution,s and they have effectively been denying the due process rights of people who are in foreclosure by allowing the courts that were previously allowing the banks to proceed when they didn’t have the proper authority.

And again, in a series of stinging cases, the Fourth District Court of Appeals has finally come to the realization that this process is unfair, it’s unconstitutional and most important, will not be tolerated in the state of Florida. We salute the FourthDistrict Court of Appeals, and we wish you all a very healthy and happy New Year, and we look forward to representing all your interests next year in 2012. God bless you all.