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Foreclosure Defense Florida


By September 28, 20112 Comments

foreclosure-lawsHere it is folks, the bomb that we knew was coming.   The draft of legislation that shows The State of Florida has been sold out to the banksters.

Ignore the fraud.

Ignore the criminality of the banksters and their minions.

Ignore the federal lawsuits.

Ignore the investigations that have been abandoned by the Florida Attorney General.

Turn this state over to the banksters.

Here’s what this really comes down to…..prevent attorneys who defend consumers from daring to challenge the corrupt power of the banks and their minions.

They are going to pay big campaign contributions to make this pass, but they return extraordinary profits on their investment…..

If this passes, the defense of foreclosure is over in this state. Just walk away from your home.   Just resign yourself to being a slave to the banks until your dying day.

And forget what you thought you knew about the Rule of Law and Justice and Equality.   The banks bought your system of justice…..

702.12 Attorney fee as sanctions for raising unsupported 1177 claims or defenses; exceptions; service of motions; damages for 1178 delay of litigation.”” 1179
(1) In any mortgage foreclosure action, upon the court’s 1180 initiative or motion of any party, the court shall award a 1181 reasonable attorney fee, including prejudgment interest, to be 1182 paid to the prevailing party in equal amounts by the losing 1183 party and the losing party’s attorney on any claim or defense at 1184 any time during a civil proceeding or action in which the court 1185 finds that the losing party or the losing party’s attorney knew 1186 or should have known that a claim or defense when initially 1187 presented to the court or at any time before trial: 1188
(a) Was not supported by the material facts necessary to 1189 establish the claim or defense; or 1190
(b) Would not be supported by the application of then-1191 existing law to those material facts. 1192
(2) At any time in any civil proceeding or action in which 1193 the moving party proves by a preponderance of the evidence that 1194 any action taken by the opposing party, including, but not 1195 limited to, the filing of any pleading or part thereof, the 1196 assertion of or response to any discovery demand, the assertion 1197 of any claim or defense, or the response to any request by any 1198 other party, was taken primarily for the purpose of unreasonable 1199 delay, the court shall award damages to the moving party for its 1200 reasonable expenses incurred in obtaining the order, which may 1201 include attorney fees, and other loss resulting from the 1202 improper delay. 1203

attack on consumer




  • divemedic says:

    Wouldn’t this work both ways? If a bank files an unverified complaint, or a fraudulent document (as they have been systematically doing), wouldn’t that mean that the bank would be responsible for my attorney’s fees?

  • Joanne Rego says:

    VERY SICK!!! To comment from my foreclosure case…my attorney prepared 26 Affirmative Defenses at one point in time. The magistrate (approx. 8 months ago) heard 10 minutes of debate between my defense attorney and the legal counsel of Bank of New York Trustee(part of the securitized alphabet soup). The magistrate was just LOOKING for an “out”. The Plaintiff (wink wink) gave it to him when she complained that this was time consuming and prejudicial to the Plaintiff. That was the result of my short hearing: Dismissed, Prejudicial to Plaintiff. Any comments?

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