Foreclosure Defense Florida

Key Motions to Dismiss That Will CLEAR YOUR CASE LOAD!

The motions posted below could be an important tool to help our judges fulfill the ill-advised mandate of the Supreme Court to CLEAR THAT FORECLOSURE DOCKET!

The problem with many of our judges is they think the only way to fulfill that objective is to grant summary judgment.   The problem with this singular focus on Summary Judgment is it has created the environment where fraud, mistakes and unchallenged abuses are occurring in courtrooms across the state.   Now that these abuses are being investigated, the key perpetrators of the abuses are looking to shift the blame and guess who they are blaming for the abuses they’ve heaped upon our courts….THE JUDGES ARE RESPONSIBLE FOR THE ABUSES!

That’s right, a key part of the defense presented by Roy Diaz in Monday’s contempt hearing in Manatee was, “Your honor I’ve got a volume practice and my fee structure won’t allow me to be sure fundamental rights aren’t violated.”   As part of his defense of his practice, please review the following quote from David J. Stern’s attorney:

” Everything done is done by the judge who is there to protect the rights of the borrower and lender,” he (Jeffrey Tew) said. ” David Stern didn’t create that problem; he is representing banks who are entitled to foreclose. Since he is the visible person, he will get a lot of bad publicity. There’s been a huge train wreck and David is like the surgeon in the ER: He is part of the process.”

I want our judges to be sensitive to this emerging issue because our judges are going to be heaped with blame in the months and years to come.   I have to admit that there is some validity to these arguments because our judges should be there to protect the rights of the borrower. They should also be there to ensure fundamental fairness and to enforce the rules of the court.   To fulfill these key objectives and to protect themselves from the criticisms that are going to be showering down upon them they should be utilizing any of the following key Motions to Dismiss cases and keep the dockets moving:


CHARNESKI – MTD for Unverified Supplement

very important

That was a trick, but please visit that page.   The next motion and memo is very significant because it potentially impacts thousands, perhaps tens of thousands of foreclosure cases that are clogging our dockets and which courts may be moving forward on their own initiative or when one of the foreclosure mills tries to push it forward.   A key point to take from this appeal that has not yet been filed is that when a court enters a Final Order dismissing a case, the court loses jurisdiction to take any further action on that case and any judgment entered thereafter is VOID. Have a look at the case law contained in this Memo and see how it can be applied to other Orders of Dismissal that have been entered in your case.   Be prepared in your cases to make sure a judge understands that when he enters a judgment on a stale or dismissed case, he risks entering a VOID judgment and causing title problems for decades to come….


And yet another motion that should be filed and considered.   The problem with this one, and other time-mandated dismissals is the courts seem far too reluctant to grant them.   The fact is there are thousands of these notices pending out there across the state and rather than probing the firm about why they have not moved the case, the court seems obliged to keep the cases open.   I want our courts to understand that the net affect of tens of thousands of stalled, no activity cases is the major source of backlog on their dockets.   The filing fee paid in 2008 should not be permitted to keep a case open in perpetuity because the costs associated with those cases are used by the courts in that first year.   The message should be clear…when you file a case, be prepared to proceed with it or it will be dismissed.   Here’s the motion:

Motion to Dismiss For Lack of Prosecution(2)

And here one of my personal favorites


And now the most important thing:

Most Important

One Comment

  • JERRY says:

    I have been following your blog for years love what u do the plaintiff in my foreclosure action filed and received a second voluntary dismissal. that triggers Fla. R. Civ. P. 1.420(a)(1)(B) have motioned the court to modify the order from without prejudice to read with prejudice have you had any experience with this,never saw anything on your blog are the courts required to modify w/ prejudice?

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