Orlando Florida Motion to Dismiss Foreclosure Action and Notice of Motion

State:
Multi-State
City:
Orlando
Control #:
US-02684BG
Format:
Word; 
Rich Text
Instant download

Description

The Federal Rules of Civil Procedure (which most states have adopted in one form or another), state in effect that it is not necessary to file an answer to a complaint until a motion to dismiss has been ruled upon by the court. One way to begin arguing against the plaintiffs foreclosure action without filing an answer addressing the entire complaint is to file a motion to dismiss based on the plaintiffs inability to bring the lawsuit in the first place. Defendants can state that the plaintiff has not shown it even owns the mortgage and therefore has no claim to any of the defendant borrower's property. If the plaintiff does not have a right to collect the mortgage payments and foreclose, it is not the party in interest and may not legally bring a foreclosure lawsuit against the owner.


If the mortgage or note with assignment proof is not attached to the complaint, the plaintiff may have trouble showing it is legally allowed to foreclose on the subject property. Simply filing a copy of the original mortgage or deed of trust may not suffice. Some courts have held that the plaintiff must produce evidence that it is the current owner and assignee of the original note and mortgage.


No matter what defenses are set forth in the motion to dismiss, defendants need to be aware that this tactic only puts the foreclosure on hold until the motion can be ruled upon. It does not stop foreclosure entirely, and the defendant will need to file an answer if the motion is denied.

Free preview
  • Preview Motion to Dismiss Foreclosure Action and Notice of Motion
  • Preview Motion to Dismiss Foreclosure Action and Notice of Motion
  • Preview Motion to Dismiss Foreclosure Action and Notice of Motion
  • Preview Motion to Dismiss Foreclosure Action and Notice of Motion

Form popularity

FAQ

Orlando Weather Forecast What's more, Central Florida maintains a comfortable average annual temperature of 72 degrees. Orlando Weather | Find Forecast, Averages & Climate visitorlando.com ? plan ? weather visitorlando.com ? plan ? weather

The cost of living in Orlando, FL is 2% higher than the state average and same as the national average. Orlando, FL housing is 7% more expensive than the U.S average, while utilities are about 10% less pricey.

Orlando cost of living: $100,298 to live 'comfortably,' study says | Commentary.

The cost of living in Orlando is lower than the national average. This means that people from all walks of life can afford to live here. The city has a thriving economy, which is great for people looking for job opportunities.

Yes, Orlando is home to some great cultural institutions that go way beyond the Disneyfied global mock-ups you'll find at Epcot. And many of them are patronized mostly by adults, making them a rare piece of Orlando real estate where grown-ups can get some child-free time.

Interesting Questions

Trusted and secure by over 3 million people of the world’s leading companies

Orlando Florida Motion to Dismiss Foreclosure Action and Notice of Motion