Posts Tagged ‘cost bond’
CAPACITY, CAPACITY, CAPACITY- READ THE TRANSCRIPT
Author: Matthew D. Weidner, Esq.
There is a major defect in almost every foreclosure case, and it continues even today, this late in the game. We are still allowing unknown, unidentified and unauthorized Plaintiffs to appear in Florida courtrooms and ultimately take title to property.
All across this state, hundreds of millions of dollars in real property is changing hands and shifting around and back and forth between shadowy trusts, ill-defined entities and national institutions, but no one has any idea who these entities are, where they are based, how they are governed and how to track them down when things go wrong.
It all starts with a basic failure in pleading….the failure to plead capacity which is quite simply the failure to tell the court who you are and where your place of business is. All sorts of things flow from this basic failure. For instance many of these Plaintiffs rely on Powers of Attorney to execute documents such as Assignments of Mortgage….one of the problems is that an assignment based on a failed power of attorney is invalid and a power of attorney is not valid when the entity is a trust corporation that is not validly registered to do business.
On a more personal note, I’m trying to collect a judgment entered in my favor against “US Bank, Trustee”, capacity was never plead and now I’m having a devil of a time trying to figure out how to collect this judgment because I cannot track down, “US Bank”. Read the documents below…
Foreclosure Case Dismissal and Florida’s Cost Bond Statute
Author: Matthew D. Weidner, Esq.
If you have a foreclosure case filed against you, first thing is you should have a foreclosure defense attorney. Second thing is your attorney should be familiar with Florida Statutes, 57.011 Security by Non-Residents. A serious problem I’ve had since the begining of the foreclosure crisis is foreign corporations or exotic non-corporate entitites like “Deutsche Bank National Trust Company” filing a foreclosure suit against one of my neighbors. From a technical legal perspective there are only a few select entities that have the legal qualifications to appear before the court. Minor children cannot (only their parents can on their behalf), Dead people cannot (only a properly appointed personal representative can), Foreign Corporations cannot (unless and until they register and get permission from the State of Florida Division of Corporations).
Florida’s Non-Resident Cost Bond Statute
All of this brings us to Florida Statutes 57.011. A little known and not often used nugget that has existed in Florida Laws forever, hidden like some attorney hunting treasure. When this law was passed, the Legislature was concerned about carpet bagger, Yankee corporations filing suit against Floridians then just walking away. The statute requires corporations to post a bond with the court ($100), to cover the costs of suit against the Floridian if the foreign corporation subsequently walks away. Here’s another part I like…..the statute also provides that a court….
“may hold the attorney bringing or prosecuting the action liable for said costs and if they are adjudged against plaintiff, an execution shall issue against said attorney.”
Take that Marshall Watson or David Stern or any of these other attorneys out there who are improperly taking advantage of Florida citizens. The text of the statute can be found here, but if you want to know how to put it to work for you…contact me here at
