affirmative defense in foreclosure Cause Florida

Under Florida law, the response of a house in a foreclosure complaint may include the affirmative defense that the plaintiff is not entitled to obtain a decree of foreclosure.

Since many players have no direct relationship with the original creditor, they are sometimes able to produce the original loan documents and the necessary allocation of applicants seeking reviews of foreclosure. Because many loans were often bought and sold severalloan servicers in recent years, the loan documents and assignment are in some cases, are misplaced. This is an opportunity for homeowners who are trying to stop the foreclosure sale.

The following is an example of how the defense "standing" may be invoked as a defense in an affirmative answer to homeowners in foreclosure:

The plaintiff has no standing to bring this action. My original mortgage was with _______. This is not the sameentity that has an immediate action. The applicant has not provided original or certified copies, the note and mortgage and all the prizes for (s). In Florida, only the owner and holder of the mortgage and note are entitled to start a foreclosure action.

The "right foot" defense is just one of several affirmative defenses that homeowners should consider when responding to a claim of foreclosure. Other affirmative defenses that a homeownershould be considered are: (a) violation of the Truth in Lending Act, (b) Fair Debt Collection Practices Act violations, (c) misreporting or service of process, and (d) loss of payments.

An owner should carefully consider the request of the creditor. Under the Florida Rules of Civil Procedure, the Plaintiff seeks a decree of foreclosure must attach a copy of the note of your complaint. At home in Floridaserved with a complaint, but are not limited to a copy of the note must rely on this as a defense. This can stop the foreclosure action until the creditor may provide a copy of the note. In enforcement actions, any delay in the procedure may be useful as it gives the owner an additional opportunity to find alternatives to closing, including a short sale or loan modification.

In most circumstances, it is advantageous for a houseresponse file when served with a summons and complaint for foreclosure. Failing to answer a foreclosure complaint may lead to revocation of legal defenses described above.