Posts Tagged ‘sixth judicial circuit’
A Brilliant Judicial Decision- Sixth Judicial Circuit of FL- Motion To Dismiss Granted!
Author: Matthew D. Weidner, Esq.
The secret is out, judges in the Sixth Judicial Circuit of Florida have their judicial robes firmly around the foreclosure crisis and are applying and enforcing existing and new laws that apply in mortgage foreclosure actions. In the face of a growing body of evidence that documents and “evidence” presented by lenders and their attorneys that does not add up, judges are requiring more. According to the brilliant attorney that argued and won this latest motion, Pinellas County attorney Matthew Ellrod:
A MTD is limited to consideration of the four corners of the
complaint and its attachments. Since the note has only been filed
separately and the complaint has not been amended to incorporate those
documents, the later filing must be ignored and the complaint still
fails to state a cause of action until it has been properly amended.
Filing the note separately, and then talking the judge into ignoring the
rules of procedure and considering the filing on the MTD, prohibits your
client from properly raising any defenses or other issues that might
arise out of the form of the newly disclosed note (because you, unlike
the plaintiff, are obeying the legal limitations of MTD’s). At the very
least (though this is not the correct thing), if the court denies the
MTD it should find that the initial complaint and the later-filed note
shall be considered as a whole to be an amended complaint, and allow the
defendants to file responsive papers to the amended complaint within a
certain time.
The Full Text of the Judge’s Order can be found here.
Mortgage Delinquency In Florida Surges in December- Foreclosures Pile Up
Author: Matthew D. Weidner, Esq.
If you’re in foreclosure or behind on your mortgage in Florida or the Tampa Bay area, you’re not alone. Numbers reported in the St. Petersburg Times indicate that the rate of delinquency is approaching 20% across the State of Florida and almost 16% in the Tampa Bay area. For more information read the article here.
Late Mortgages + More Unemployment + More Foreclosures= Continued Decline in Property Value. (Catastrophe Coming)
Tampa Bay properties tagged with foreclosure filings numbered 62,719 in 2009, up from 53,630 in 2008. (See Article here. ) When you combine the rising default rates with a glut of properties already on the market and a pent up supply of homes that are currently in foreclosure with continued rising unemployment you have all the indicators for a deepening crisis. The response to all of this by state and federal policy makers has been ineffectual at best and may even be exacerbating the problem..i.e. does the great health care debate help the jobs picture? Has throwing bajillions at the banks gotten us a reasonable amount of modifications?
Delinquency
Florida Supreme Court Foreclosure Final Order- Great Stuff For Homeowners!
Author: Matthew D. Weidner, Esq.
On December 28, 2009 the Florida Supreme Court issued its Final Order and findings relating to residential mortgage foreclosures in Florida. The full text of the report can be found here. The report notes that,
Florida has the third highest mortgage delinquency rate, the worst foreclosure inventory, and the most foreclosure starts in the nation. At the close of 2009, it is estimated there will be an inventory of approximately 456,000 pending foreclosure cases statewide.
I am still digesting the information contained within the Order, but the most significant element of the Order, is that all residential mortgages in foreclosure will be referred to mediation. This is a significantly positive development for homeowners because it will force the lender to communicate directly with the borrower.
Hidden Treasures in the Florida Supreme Court’s Mortgage Foreclosure Order
While I am just in the process of reviewing this 105 page Order to ferret out all the best parts for my clients, I am happy to report that there are several elements included in the report which are going to be very helpful for homeowners. Look back on this blog often because I will be updating as I find new nuggets of good information for borrowers. Keep in mind, that I will preserve most of the best bits for my clients….no sense in letting all the good secrets get out there!
Suffice it to say, this Order is great news…to find out how it can help you visit my website at
