NOVEMBER 13, 2010: A Florida appeals court this week affirmed a bank’s right to foreclose even if alleged robo-signing occurred.
“Fremon’s motion does not demonstrate fraud or show why any of the alleged facts would entitle her to relief sufficient to set aside a default judgment,” the court ruled this week. “Freemon nowhere contends that she did not default on her mortgage, nor does she allege that the amounts due and owing, set forth in the affidavit and incorporated in the final judgment, are incorrect.”
Mere lack of personal knowledge regarding the facts and figures in an affidavit will not justify vacating a judgment that has already been entered.
