Are there any limitations on what the Plaintiff can do in a foreclosure case prior to establishing standing?

Asked over 1 year ago - Lakeland, FL

The Plaintiff has entered a Motion to Strike Defendants Motion to Dismiss (lack of standing has been alleged).

If the standing of the Plaintiff is challenged at the onset of the case, are they required to establish standing before defending the case or can they avoid (sidestep) the issue of standing and proceed against the Defendant?

Attorney answers (3)

  1. Joshua Eli Adams

    Contributor Level 14

    3

    Lawyers agree

    Answered . They must establish standing first, and you challenging standing with a motion to dismiss before filing an answer is proper. However, they can establish standing generally by the bare allegations in the complaint.

    Often times the bare allegations are conflicted by other information in or attached to the complaint and this becomes a good basis to contest standing. Also, sometimes even the bare allegations in the complaint don't establish standing. Unfortunately, many judges do not seem to be convinced by these arguments.

    I recommend you have an attorney handle your foreclosure case. Although you seem sharp and to have grasp on many of he issues, if you don't have the training an experience of an attorney, you are asking for trouble defending your own foreclosure case.

    Feel free to email me or to call with questions.

  2. Natalie F Guerra-Valdes

    Contributor Level 13

    2

    Lawyers agree

    Answered . The Plaintiff must show that it has standing before it can prevail. Without standing, the Plaintiff does not have a right to bring the action. I strongly suggest that you retain an attorney to help you defend this foreclosure action. Many attorneys on here, including myself, offer free initial consultations.

    Natalie Guerra-Valdes
    (954)764-7878
    nvaldes@valdeslawfirmpa.com
    www.valdeslawfirmpa.com

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more
  3. Eugene P. Castagliuolo

    Contributor Level 16

    1

    Lawyer agrees

    Answered . No, they cannot "sidestep" standing, although they will try. Standing is fundamental. If they have no standing, they have no case. You did right by challenging it. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note... more

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