Find a Legal Document Professional Near You ~ 800-515-0496

Foreclosure Crisis

Florida's foreclosure crisis is far from over, and is going hot and heavy despite what the media claims. And Florida homeowners are continuing to lose their homes despite the fraud that the lenders have perpetrated. Robo-signing is real. Fraud in the documents is everywhere. A mortgage and note is a contract for debt. If the debt was misrepresented from the outset, a homeowner in foreclosure may be able to have the foreclosure dismissed.


For obvious reasons, many homeowners in foreclosure cannot afford an attorney. If the homeowner had the money for an attorney, they wouldn't be in foreclosure to begin with. So many homeowners quickly become pro se litigants and all too often are quickly out played by the foreclosure attorneys.


Case Management Conference


Many pro se litigants are confused by the purpose of a case management conference and mistakenly believe they are going to mediation. The purpose of a case management conference is to dispose of secondary issues, make a settlement if possible, and to make sure the case is on track.

Rule 1.200, Florida Rules of Civil Procedure

(1) schedule or reschedule the service of motions, pleadings, and other papers;

(2) set or reset the time of trials, subject to rule 1.440(c);

(3) coordinate the progress of the action if complex litigation factors contained in rule 1.201(a) (2)(A)-(a)(2)(H) are present;

(4) limit, schedule, order, or expedite discovery;

(5) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;

(6) schedule or hear motions in limine;

(7) pursue the possibilities of settlement;

(8) require filing of preliminary stipulations if issues can be narrowed;

(9) consider referring issues to a magistrate for findings of fact; and

(10) schedule other conferences or determine other matters that may aid in the disposition of the action.

If you are going it alone as a pro se litigant, read and research. Prepare for a case management conference - don't go into the courtroom blind and empty handed.


Motion for Summary Judgment


If you receive a Motion for Summary Judgment in your case -- react to it. First, you need to fully understand exactly what a summary judgment is. Summary judgment is  game over. A motion for summary judgment says to the court that there are no arguments here and it is time for the judge to rule. Often, there are many issues remaining in dispute, such as all of those affirmative defenses you raised in your answer; or perhaps the other party completely ignored your discovery requests.  

A Verified Affidavit in Opposition to Plaintiff's Motion for Summary Judgment must be filed before the hearing for summary judgment.

“Under the Florida state court procedure, the existence of any competent evidence creating an issue of fact, however credible or incredible, substantial or trivial, stops the inquiry and precludes summary judgment, so long as the “slightest doubt” is raised” West’s Florida Practice Series, 4 Fla. Prac., Civil Procedure R. 1.510(2008-2009 ed.) A “material fact,” for summary judgment purposes, is a fact that is essential to the resolution of the legal questions raised in the case.


Comments

Post your comments to any of the questions posed on this page.

Enter a Title for Your Comment

What Other Visitors Have Said

Click below to see contributions from others...

Quiet title action  
Hello, The statute of limitations has expired and I like to file a Quiet title action in circuit court, I've been doing lot's of research and know what …

Does a motion for summary judgement = 
A motion for default by the court? And if not.. what is the difference?

Should Mortgage Foreclosure Defendants Be Entitled to Filing Fee Waiver? 
Fair access to the court system is the foundation of our constitutional rights. Mortgage foreclosure defendants who have counterclaims, third party claims …

Click here to write your own.