Foreclosure Defense Florida


law-foreclosure-pinellasIn honor of all the national reporting that’s starting to break about all the abuses that are being committed by the foreclosure mills and as part of the continued efforts to support all the good judges out there that really “get it” and who are doing the right thing, I want to share a treasure chest of motions that I have filed over the last several months.

I hear the criticisms of our judges but truth be told, I’ve never had a bad experience in front of a foreclosure judge….when I did my job, prepared my case and had a court reporter present. And while I respect the efforts of homeowners who start the fight pro se, if you want to save your home, if you want the respect of the court and the opposing party, you must hire an experienced foreclosure defense attorney to fight this battle.

I’m posting these Motions and memorandum primarily so that other attorneys from around the state will use them, develop them and argue the issues in front of judges. The issues contained within these documents are very important and frankly they require experienced and committed attorneys to make the arguments correctly.   These documents and the issues presented are tools and like any tool they should only be used by operators who are trained to use them.   Having said that I just hate seeing these coverage attorneys for the foreclosure mills wheeling in their boxes of hundreds of foreclosure cases and throwing this garbage into our courtrooms.   I am appalled that the mills have joined forces and share the same coverage attorneys between all the mills.   Where is the formal and specific authorization for that attorney to represent that client before the court?

How can coverage attorneys represent to the court that, there are no issues of material fact in the hundreds of files that are in his wheelbarrow when those files have been prepped by another law firm?   Why is that attorney not required to file a Notice of Appearance so the court knows what attorney is affirmatively representing to the court the veracity and authenticity of all the facts in his case?

Special thanks to my intrepid law clerk Michael Fuino who is primarily responsible for all the excellent research and drafting contained within these memos and motions.   Hats off to him!   Enough of all of that, here go the goods.






Get out there and keep up the fight…


  • learning2 says:

    Can you make these files available in word or works without the x on the end of the file name?

    Perhaps you can save as a more universal format? These seems to be older Works format that some will need to convert before using.

    Thank you for sharing the information, I appreciate your time and efforts. Often I am unable to view your files due to this format.

    thank you for all your time and consideration.
    Best Regards!

  • avirani0203 says:

    I have one comment – An adjustable rate note is a negotiable instrument.

    In the 1990 revision of Article 3, the issue of whether an adjustable rate note was negotiable or nonnegotiable was resolved. The revised UCC 3 provides that interest may be stated as: “[A] fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument.”

    Florida also amended 673 to provide for an adjustable rate note as negotiable. Florida Statute 673.1121 (2) provides that ” nterest may be stated in an instrument as a fixed or variable amount of money, or it may be expressed as a fixed or variable rate or rates.”

  • susie38 says:

    I thank you for your gifts of memos and motions I
    can’t afford an attorney but I am using a paralegal
    I have the same exact affidavit as to amounts owing
    litton is also my crooked servicer and florida defalt is there attorney I mean the wording is exactly the same to the tee. so I will go file my motion on monday I guess they typed up a bunch of these affidavits and had christopher spradling sign them.

  • Barbara says:

    It’s much harder to find Illinois cases to reference. 🙁

  • FRED says:

    resource for file motion

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