In a Florida Foreclosure trial, how many affirmative defenses does the defendant need to prove to prevail?
Wesley Chapel, FL |
I have 17 affirmative defenses to includes paragraph 22 defense. Lender sent me a defective acceleration letter that violates all conditions precedents. If only this defense is proven, does the trial judge have to rule in defendants favor?
By definition, an affirmative defense constitutes a legal reason why the lender should be prohibited from foreclosing. Therefore, if you're able to prove any one of your affirmative defenses, that should prevent the foreclosure, for now.
The Para 22 defense, and other popular defenses to foreclosure are merely delays. If the judge rules in your favor on the Para 22 defense, the case may be dismissed, but the judge will allow the bank to fix the notice of acceleration issues and refile the lawsuit.
You should seek an experienced foreclosure defense attorney in your area who can discuss all of your options, including the viability of your 17 defenses. Also, an attorney can ensure that these defenses are properly raised and proved at trial.
This answer is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.yesnerlaw.com.
It is not the number of affirmative defenses that results in a defendant prevailing, it is the proof of them that matters. In Florida, many people are using cookie cutter answers including affirmative defenses that are inapplicable, inappropriate to the facts of the case, or otherwise unsuitable.
More importantly, the trial judge never 'has to' rule in the defendant's favor. Judges have a wide degree of latitude, and these days in Florida, some judges lean very hard in favor of foreclosure plaintiffs. The Par. 22 defense is taken more seriously by some judges than others.
If you handle the trial by yourself, you will be at a serious disadvantage, with respect to the Rules of Evidence, the Rules of Civil Procedure, and the relevant statutory and case law. I strongly recommend that you retain counsel to represent you at trial.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.