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Foreclosure Defense Florida

BOMBSHELL- The Florida Foreclosure Judge’s Bench Book

foreclosure-bookThis may be my most important and most valuable post yet.   I have come into possession of a document which is purported to have been distributed to the judges that are hearing foreclosure cases across the State of Florida.

The Foreclosure Bench Book is a very valuable resource that every defense practitioner should be using as part of our efforts to assist the judiciary in deciding these foreclosure cases.   The Bench Book is just a book, it’s not The Bench Bible, but to the extent it is helpful, it would be most valuable to reference and cite the book in support of your cases.

The release of this important document truly is a valuable resource for all of us involved in the ethical fight and the defense and protection of our courts.   We should all be working for a uniform and consistent body of foreclosure law and rules across the state and the proliferation of this important document will only help in that effort.




  • dormanmom says:

    Matthew Weidner, I could just kiss you!!!!!
    Thank you so much for sharing this valuable tool.

    May GOD richly bless you!!!!

  • litgant says:

    I think something is missing from the play book. If I am correct, in every complaint where there is a lost note count, the defendant has a right to a jury trial on that count. This is no more just an equity foreclosure. This is not mentioned in the play book. This means a defendant is losing a very valuable defense that could decide the entire case. Where a jury trial is requested by every Pro Se I have known, the judges have dismissed them. This is wrong. The judges could have required the defendants to amend their answer or affirmative defenses regarding the lost note count and the demand for a jury trial. Since I am not a lawyer, this needs to be explained so defendants know what their rights are when a lost note count is added to a complaint.

  • bmurphy says:

    The judge is incorrect, at a SJ hearing, the note should be produced 20 days before the hearing, NOT at the hearing. To produce it at the hearing is a violation of the rules of procedure. You can’t introduce the most important piece of evidence 10 seconds before the hearing starts. I think the 4th or 5th DCA just sent a case back to the trial court for this mistake.

  • Victoria says:


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