Foreclosure Defense Florida

Motion to Dismiss- Be Careful What You Ask For…..

foreclosure-rulesI’ve been spending a whole lot of time going through the appellate rules…..the detailed review is helping to soothe the wounds I feel from losing (just a few) Motions to Dismiss.

We all need to be acutely aware of the standards on Certiori Review which will bring every single thing back up again. And I mean everything.

Now here’s the deal. We’re either going to throw all the rules of procedure, substantive law and case law out the window and develop an entirely new body of law and exceptions for foreclosure cases or we’re going to stick with the established body of law that has guided and directed civil disputes from the inception of our legal system.

For the last several years, we’ve all become frustrated by a system bogged down and by conflicting and contradictory rulings. (Although truth be told, I’m largely pleased with the vast majority of my decisions….but then my motions and hearing preparation go far and beyond what is typically presented.)

But few of the good foreclosure defense attorneys have lost foreclosure cases at summary judgment or at trial. And here’s the thing to keep in mind.   Every adverse ruling. Every ex-parte Motion to Substitute Party Plaintiff. Every denial of Motion to Dismiss and every denial of rehearing/reconsideration are subject to cert review.

We all need to keep this in mind and document, document, document.   Remember Rehearing/Reconsideration.   File exceptions. A court reporter at every hearing.

Be prepared to take appeals on contingency.   Be prepared to take appeals pro bono.   But whatever you do, take only the correct case. The last thing we need is bad case law out there.

But this should all come as a warning to the parishioners on the other side of the aisle making their case to ignore the law and deny motions… careful what you ask for cause it’s coming back years and years down the road.




  • Lit Gant says:

    Mr. Weidner, I have followed your excelent legal views and opinions now for a couple years. Many have benefited and been encouraged by your positive attitude towards judges, the courts, and the rule of law. Like many of us, you have challenged some of the court antics that has gone on. And you have question the plaintiff in many cases standing: which in my opinion they have none. Yoiu have remained in the fight. You have continually provided information free of charge to many hundreds of people. You have been a real legal representative of the Florida legal system. I am sure the Florida Bar is so very proud of you. I am also sure the local Bar Association must be proud of such a legal associate. Thank you Sir for contending for fairness and the rule of law in the courts. Many many not understand your passion for the American way of jurisprudence, but I do and so does many others. Be encouraged in your effforts although many do not respect them at all.

    • I am so grateful for your comments and support. I wish your thoughts about the Bar were true, but, while I cannot speak for the Bar, I can only tell you that I have suffered very specific attacks and that many of the attorneys who are fighting hard for justice, the rule of law and consumers.have likewise suffered attacks. Among the ranks of consumer warriors, we all acknowledge that if you do not have scars you’re not fighting enough. It’s a sad and frankly terrifying commentary on the state of affairs…..but this is the world we live in. There are many, many powerful forces that want this site, and those of other attorneys, shut down. Things will get much, much worse. I only hope that there are attorneys left who can stand up for consumers and the law. And again, thank you.

  • joe parisi says:


    Loyal follower over two years. Conference stage has ended with INdy Mac here in NY (Westchester County. Have to file a motion to amend my original answer. Any suggestions? Am pro se.
    Original answer questioned mortgage assignment. Robo, fraud. I am filing complaints with NY AG’s office. Also Justice Dept (doubt if they’ll do anything)

    Any thoughts or guidance will appreciated.

    Joe Parisi 646 485 0616

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