A hard fought foreclosure battle was won today in a trial that was held in Pinellas County Court.
It’s so refreshing to receive such thoughtful work coming back from one of the very best judges serving in this in this state. A judge that just happens to be a very honorable senior judge. It would be perfectly permissible for this judge to rule one way or the other with simple, one sentence orders. But this judge is a judicial superstar, and writes long and very thoughtful opinions…like the one found below.
Importantly, here were some of our issues:
Defendants Jeffrey Leonard and Susan M. Hopkins (hereinafter “Defendants”), by and through the undersigned counsel and pursuant moves for judgment in favor of Defendants pursuant to Fla. R. Civ. P. 1.420(b). In support of the motion, Defendants alleges:
On March 11, 2016, this case, an action to foreclose real residential property, was tried before the Honorable David A. Demers.
At trial, Defendants’ counsel made four primary arguments, any one of which would prevent Plaintiff from obtaining judgment of foreclosure.
As will be detailed below, the four primary arguments that Defendants rely upon are: (a) Plaintiff failed to comply with all conditions precedent to litigation, (b) the Plaintiff’s complaint fails to state a cause of action as a matter of law because it does not comply with § F.S. 702.015, (c) that Plaintiff’s note and mortgage are judicially unenforceable because Plaintiff has not paid documentary stamp and intangible taxes, and (4) Plaintiff failed to prove that it has standing to bring this action.
And finally…here: (the good stuff)