Florida Laws

  1. florida-foreclosure-procedure
  2. florida-recording-requirements
  3. ORIGINAL NOTE REQUIRED: fl-statute-90
  4. florida-usury
  5. florida-lending-laws
  6. Florida Laws on ID Theft and Mortgage Fraud: florida-id-theft-and-mortgage-fraud-statutes
  7. mers-mortgage-electronic-registration-systems
  8. see also Fla Stat 701.02 For Recording Requirements
  9. 4TH DCA CONFLICT WITH 2D DCA ON STANDING, NECESSARY AND INDISPENSABLE PARTIES. 4TH DCA SAYS MERS HAS NO STANDING. 2D DCA SAYS YES IF THEY PLEAD THE RIGHT WAY. BUT THE ARGUMENT DOESN’T END THERE. standing-versus-necessary-and-indispensable-parties-florida-2d-dca-holds-that-fact-that-mortgagee-mers-lacked-the-beneficial-interest-in-note-did-not-deprive-it-of-standing-to-sue-azize
  10. florida-id-theft-and-mortgage-fraud-statutes

21 Responses

  1. bt, on October 5th, 2009 at 11:59 am Said:

    QUIET TITLE- does anyone have a quiet tilte suit or know of any agiast a securitzed trust?

  2. Clara, on October 4th, 2009 at 6:31 pm Said:

    Can I file a wrongful foreclosure in Florida after the sale has been confirmed? The property was foreclosed against the wrong person with interest. It was bought back by The New York Bank Trust. They don’t have the Original note. But the foreclosed. The party with interest was never notified.

    Clara

  3. floridadefenseteam, on September 17th, 2009 at 8:11 am Said:

    Nik,
    Call us at 772-403-3897, we might be able to help you in your foreclosure efforts.

  4. nik, on September 17th, 2009 at 5:28 am Said:

    Dear All:
    I,m a single mon of 3 children; back in May Aurora Loan Services offered me a modification package to modify my morgate; after paying Aurora for 4 month the trial period, Aurora sent me a letter notifiying that I was not approved for the modification; that the loan was in default and yesterday 9/14/09 I received the foreclosure summon paper from the court in Miami.
    My Loan is upside down for more than 250,000 dollars; I tried to negotiate with Aurora and they denied me the chance; in fact they sent me back the last payment I sent them; becasue according to them is not sufficient and I was sent to foreclosure already; please help me; this is my home; I did not purchased it to invest but for me and my family to have a home that now Aurora Loan wants to take away from us.

  5. PS, on August 30th, 2009 at 3:00 pm Said:

    Does the person executing an assignment of mortgage by their signature as Vice President of the Company have to actually be the Vice President of the company as sworn too in the notary statement or can they say they are by some power of attorney. Would they have to disclose such power of attorney on the document?

  6. Diane-SoCal, on July 7th, 2009 at 11:10 pm Said:

    Question. In the states of Florida and Texas, can a lender order a deficiency judgement when a borrower accepts the terms of a promissory note in exchange for an approved short sale? These promissory notes are becoming more and more common when dealing with purchase money loans requiring PMI. These notes are typically $25,000 payable over 17 years, no interest. Anyone? Please advise. Thank you!

  7. Jeff Hansen, on July 6th, 2009 at 8:54 am Said:

    IN FLORIDA….

    1. Can the lender foreclose on my home WITHOUT the promissory note?

    2. If the judge DENIES re-establishment of the note under 673.3091 (a), (b), (c). Can the lender still foreclose under the strength of the mortgage alone?

    3. The promissory note CANNOT BE FOUND, What happens to the STATUS of the loan, is it SECURED or UNSECURED?

    4. The law states that the mortgage follows the note, YET THERE IS NO NOTE FOR IT TO FOLLOW, What IMPACT if any does this have on the lender foreclosing on my home?

    Please respond to BARBARIANJEFF@GMAIL.COM

  8. Tom Heinrich, on July 1st, 2009 at 7:45 am Said:

    My servicer was supposed to modify my high interest A.R.M. to a fixed but never got me any paperwork.

    They told me to talk with their lawyer. The lawyer said they would hasten the process, but then filed foreclosure in the name of a company that had nothing to do with my loan.

    After realizing what they had done, they forged an “assignment” to that wrong company.

    I discovered they did the same thing 9 more times the very same day !

    I then discovered my loan was shown as being “Satisified” with no sums due under it by the real lender – who had been dissolved in Bankruptcy, with no assignement ever having been made by them !!!

    I’m suing the law firm…and the supposed servicer, Americas Servicing Company…which their defense attorney has submitted to the court “..is one and the same as Wells Fargo Bank”.

    Wells Fargo Bank has not registered this name with ANY entity. I want all my payments back and the loan removed from my property – stay tuned

    The case is pending in Broward County Circuit Court, case CACE 08-018999 (13)

  9. Bob Puzio, on June 5th, 2009 at 9:29 am Said:

    Can anyone provide me with 4th DCA case cite that conflicts with Azize?

  10. Florida Defense Team, on May 31st, 2009 at 12:32 pm Said:

    Florida Foreclosure Defense Litigants,

    As a Ft. Lauderdale Circuit Judge once said about defending a lawsuit in his court, I paraphrase:

    ..”Having or not having a meritorious case has little bearing in defending a case in my court. The ability of good defense attorney that knows how to use the laws properly will block the Plaintiff from ever advancing a lawsuit.”

    Floridians, we are at your disposal.

  11. Lisa E., on May 23rd, 2009 at 7:23 pm Said:

    Florida Pro Se litigants Please commit this to memory! Read it. Read it again. Read it again! Read one sentence and then absorb what it really means for your case.

    Each time I read it, I see a little bit more protection for myself.

    Chapter 673 UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS
    673.3091 Enforcement of lost, destroyed, or stolen instrument.–

    (1) A person not in possession of an instrument is entitled to enforce the instrument if:

    (a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;

    (b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and

    (c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

    (2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, s. 673.3081 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

  12. floridadefensteam, on May 11th, 2009 at 8:44 am Said:

    Greg,

    I assume your speaking to Order Instruments since
    Bearer doesn’t require indorsements?

  13. Greg, on May 10th, 2009 at 5:55 pm Said:

    Everyone defending these cases must beware that you must contest all indorsement signitures, up front, lest you waive the right to question them later. The UCC has a little known provision, Section 673.3081 that is a trap door for the unwary. Since the section doesn’t restrict its Presumption of authenticity to borrower’s signiture only, it can be argued to apply to the chain of indorsements. But read the comment s that follow the statute.

  14. livinglies, on April 26th, 2009 at 8:44 am Said:

    Richard Krigel: Generally speaking they don’t have to FILE the original document they have to produce for court (and your) inspection. And You have the right to ask through discovery how they came into possession of the document, whether they are holding it for someone else as nominee and whether they actually have any interest in the loan. If the answer is “no” they either have no legal standing to initiate foreclosure (whether non-judicial or judicial) which is the answer in most states, or they have the right to bring the foreclosure ONLY in a judicial action in which they join all necessary and indispensable parties (i.e., all the stakeholders who could make a claim for ownership or receipt of proceeds from the loan).

  15. richard krigel, on April 25th, 2009 at 12:57 pm Said:

    the banks attorney filed what they say is the original note and mortgage. however, upon examination the papers seem to me and the people at the court house who see these things all the time that it is just another copy.what can i do to set this aside. are they allowed to file these as original documents. shouldi get an expert to see them. some advice please, thank you, rick

  16. Florida Defense Team, on April 24th, 2009 at 3:01 pm Said:

    Xyrant,

    What was at issue- an unrecorded assignment?

  17. Xyrant, on April 24th, 2009 at 2:01 pm Said:

    In a bankruptcy case (Tarek HALABI vs. Atlantic Mortgage and Investment) the court said that Fl. Statute 701.02 cannot be used by a debtor. Any thought?
    _____________________
    Fla. Stat. § 701.02 provides:

    (1) No assignment of a mortgage upon real property or of any interest therein, shall be good or effectual in law or equity against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document which, in its title, indicates an assignment of mortgage and is recorded according to law.

    The bankruptcy court held that Fla. Stat. § 701.02’s recording requirement is applicable only to (and enforceable by) competing creditors or subsequent bona fide purchasers of the mortgagee, not by the mortgagor. This construction was based in part on the court’s reading of a related provision, Fla. Stat. § 679.302(2):

    If a secured party assigns a perfected security interest, no filing under this chapter is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor. 1

    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=11th&navby=case&no=985071man

  18. Buddy Toth, on March 26th, 2009 at 12:47 pm Said:

    I am in Pinellas County, Fl. and am fighting Pro se against LaSalle Bank as trustee for WAMU pass through certificates, I have a Summary Judgement scheduled by plaintiffs attorney Albertelli Law. hearing on 4-7 and am asking direction regarding my response, should I respond prior to the hearing, or wait until I am in the Judges Chambers? I can not seem to find how much time to give plaintiff to produce the note and/or mortgage documents. I know there are RESPA and TILA Violations, but I need the procedural direction. I do believe that I can win this just need a little boost!

  19. WeListen ToVictims, on March 21st, 2009 at 3:25 pm Said:

    Dear RT and Dear BT: Who is the atty. &/or Lawfirm suing you & who is listed as the Plaintiff! You must list. We have suggestions from newspaper articles with tidbits of info! Perhaps, this can be a comfort & great asset! God Bless you!

  20. RT, on March 18th, 2009 at 5:03 pm Said:

    I was served a foreclosure action on my home, in the complaint they changed the description and filed a lost not affidavit. I was served 11/08, I could not file an answer because I couldn’t find an attorney who would take my case without a large sum of money up front. To date I have heard nothing on a motion for summary judgment, etc. Am I too late to pursue a defense based on the fact they don’t have the original note? It is ASC (which I believe is Wells Fargo in disguise) please answer. Thanks

  21. bt, on March 11th, 2009 at 7:38 pm Said:

    This sounds great. Does anyone know in FLoirda, My foreclosure was filed August 2008, never served. The Trust asked to serve by Publication Feb 2009, 6 months later. SHOULD i file a motion to dismiss uner the 120 day FRCP rule? I ahve to respond to the complaint in 12 days, the clerk nor the trust attorney ever mailed me a copy either. I was going to go the the clerk and get it, but thought if i picked up the complaint, that might hurt my chances to file the motion to dismiss for 120 days? any thoughts?

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