As reported earlier, the Florida Supreme Court has just mandated that all residential mortgage foreclosure cases be referred to mediation prior to the plaintiff seeking a final judgment. Importantly a borrower may (and absolutely should) demand that the Plaintiff produce the following:
- Documentary evidence the plaintiff is the owner and holder in due course of the note and mortgage sued upon.
- A history showing the application of all payments by the borrower during the life of the loan.
- A statement of the plaintiff’s position on the present net value of the mortgage loan.
- The most current appraisal of the property available to the plaintiff.
The borrower must deliver a written request for such information to the Program Manager in the format provided by the Supreme Court no later than 25 days prior to the mediation session.
The process to require such documents will be worked out as the program develops and borrowers are encouraged to contact an experienced foreclosure defense attorney…contact Matt Weidner at