Of the hundreds of homeowners I’ve represented or am currently representing in their pending foreclosure cases in Pinellas County, I have filed Motions to Dismiss the case in its entirety. In some cases, the Plaintiffs are able to amend their complaints and refile, but in many other cases, the issues raised in these Motions are sensitive enough that the lenders and their attorneys do not wish for the issue to be heard.
Lack of Capacity to Sue and Foreclosure
A key issue I find in many foreclosure cases is the failure of the Plaintiff to plead or assert that they have the capacity or the legal ability to file and prosecute a case in Florida courts. This issue is related to, but different from, whether the party has standing to bring the lawsuit on behalf of the party whos interest is being represented. The specific rule of civil procedure which is to be cited when raising this issue is Florida Rule of Civil Procedure Rule 1.120(a). While there are a fair amount of federal cases which deal with this issue directly, there are not many reported cases which address this specific rule in any context. Situations such as this are perfectly suited for appealte case decisions and I fully expect that if the Plaintiffs chose to appeal the Order I recently had granted, it would make a good appealate court case.
For more information on this case or a copy of the signed Order, contact Matt Weidner at www.mattweidnerlaw.com