Plaintiff’s non-compliance with the law’s requirements is an actionable event that makes the filing of this foreclosure premature based on a failure of a statutory condition precedent to foreclosure which denies Plaintiff’s ability to carry out this foreclosure. 31. Plaintiff cannot legally pursue foreclosure unless and until Plaintiff.
· TACTICAL CONSIDERATIONS IN FIGHTING FORECLOSURE: A) Send FDCPA Dispute and Debt Validation within 30 days of Summons and Complaint. * Failure of plaintiff to properly validate will give you both an affirmative defense (to prevent Summary Judgment) and present you with set off against judgment, and perhaps injunction relief.
The filing of the affidavit allows the court to review the plaintiff’s level of compliance with applicable loss mitigation requirements, and, if necessary, to deny a motion for judgment of foreclosure if said compliance is lacking. Specific procedures for filing and presenting the affidavit to the court may differ from county to county.
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· In a foreclosure case, what does it mean when the case is.. Too, there really is not a whole lot of benefit to a short sale UNLESS, you can get an agreement IN WRITING from the lender that they will not seek a deficiency judgment from you after the short sale, and that they will forgive the debt.
We approached the Plaintiff’s Attorneys and made them aware of the Florida Statute of Limitations as amended, and they were still unwilling to drop suit. Our hands tied, we filed a Motion to Dismiss the complaint and set it for hearing.
While dismissing the plaintiff’s civil conspiracy claim, the court was unwilling to dismiss her claim of unjust. MERS, particularly in foreclosure proceedings, represented that no such gaps existed.
As an aside, by virtue of the sheriff’s sale and the post-sale SBA transaction, the winning bidder made both the plaintiff/senior mortgagee and the SBA/junior mortgagee whole – a rarity in commercial foreclosure cases. What did we learn? In concept, a third party can in fact deal with the SBA with respect to its right of redemption.
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Fearing foreclosure, Plaintiffs had no choice but to submit another. mortgage assistance applications, or in some instances, unwilling to.