Foreclosure Defense Florida

New Order on Verification of Foreclosure Complaints in Florida

It’s so frustrating that we have to keep going over and over the same things again and again.   There is a Supreme Court, this court issued a rule….Residential Foreclosure Complaints Must Be Verified.

PNC-Bank

PNC+v+Peckham+Order+Dismiss+4+verif

3 Comments

  • smtblnde says:
    January 21, 2011 at 8:53 am

    Would have been a better order if the trial required the plaintiff to re-file the suit rather than leave to amend under the same court case.

    Reply
  • JamesM2 says:
    January 21, 2011 at 10:50 am

    Interesting but not what it seems. The order allowed Plaintiff to submit a new complaint, under the existing case number, within 20 days.

    I am not at all sure, after dismissing with prejudice, this is allowed.

    It is basically allowing an Plaintiff to amended the complaint, not a dismissal, after ruling the complaint be dismissed with prejudice.

    After dismissing the complaint, and awarding fees and costs, the court order should just say Plaintiff may bring a new action in which it has to reserving the defendants.

    How does dismiss with prejudice = grant leave to amend complaint and proceed ?

    Reply
  • Stupendous Man says:
    January 21, 2011 at 12:52 pm

    I imagine plaintiff will still fail to comply timely, will limp into court out of time, plead for an extension to file and comply with the order, AND THE COURT WILL GIVE THEM YET ANOTHER BITE AT THE APPLE!!!

    A homeowner/borrower/defendant in similar circumstance would not be giving ANY additional time and would summarily be kicked to the curb.

    Two sets of rules folks. What are you gonna do about it?

    Reply

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