Foreclosure Defense Florida

Unclean Hands as a Defense to Foreclosure

If you can get the trial court to listen, there are a mountain of cases which would help you prepare a defense to foreclosure based on the Plaintiff’s unclean hands or improper conduct….

“Although the unclean hands defense may be asserted in foreclosure cases when the parties are in privity, see, e.g., Knight Energy Servs., Inc. v. Amoco Oil Co., 660 So.2d 786, 789 (Fla. 4th DCA 1995); Lamb v. Pike, 659 So.2d 1385, 1387 (Fla. 3d DCA 1995), privity is not an essential element of the equitable defense.   Unclean hands may be asserted by a defendant who claims that the plaintiff acted toward a third party with unclean hands with respect to the matter in litigation.   See Yost v. Rieve Enters., Inc., 461 So.2d 178 (Fla. 1st DCA 1984) (“There is no bar to applying the doctrine of unclean hands to a case in which both the plaintiff and the defendant are parties to a fraudulent transaction perpetrated on a third party.”); see also Hauer v. Thum, 67 So.2d 643, 645 (Fla.1953) (“It would matter not that the [defendants] were parties to the fraudulent transaction nor that the fraud was perpetrated upon a third party.”); Marin v. Seven of Five Ltd., 921 So.2d 699, 700 (Fla. 4th DCA 2006) (“Generally, the conduct constituting the unclean hands must be connected with the matter in litigation.”) (citation omitted).”
Quality Roof Servs. v. Intervest Nat’l Bank, No. 4D08-3382, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 21 So. 3d 883; 2009 Fla. App. LEXIS 16086; 34 Fla. L. Weekly D 2205, October 28, 2009, Decided,   Released for Publication November 13, 2009.

“A lender can be estopped from foreclosing on an accelerated basis, however, where the borrower establishes that the lender has unclean hands.   See Knight Energy Servs., Inc. v. Amoco Oil Co., 660 So.2d 786, 789 (Fla. 4th DCA 1995).”
City First Mortg. Corp. v. Barton, No. 4D06-4419, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 988 So. 2d 82; 2008 Fla. App. LEXIS 10848; 33 Fla. L. Weekly D 1785, July 16, 2008, Decided,   Released for Publication August 29, 2008.Rehearing denied by City First v. Barton, 2008 Fla. App. LEXIS 13005 (Fla. Dist. Ct. App. 4th Dist., Aug. 29, 2008)

Take a look at the full thread here


  • jvrkeywest says:

    Thank you Matt. This is the avenue I have decided to pursue as well. I thought it appropriate to thank you for posting all the great case law – you saved me a lot of research time. Sincerely,

    Jed Regante, Esq.
    Fighting foreclosure fraud too!

  • I’m totally loving this, I know it’s geeky but I’ve bookmarked it for return. I found some similar info for this type of work. Is there an RSS Feed I can subscribe too? Thank you for your hard work.

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