the methodology in a nutshell:
- fight the foreclosure of a valid note which the borrower breached, and you will eventually lose the house;
- attack the mortgage (its underlying torts, breaches, and errors), and you have a chance of winning.
Learn the law and become disposed to using it.http://floridabar.org - rules of court
Appellatehttp://leg.state.fl.us - Florida Constitution and Statutes
Civil - rules of civil procedure
Family Law - Family law forms are available on The Florida State Court website
Judicial Administration - rules of judicial administration
Evidence code chapter 90
|Chapter 95||LIMITATIONS OF ACTIONS; ADVERSE POSSESSION|
Real and Personal Property
|Chapter 697||INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE|
|Chapter 698||CHATTEL MORTGAGES|
|Chapter 701||ASSIGNMENT AND CANCELLATION OF MORTGAGES|
|Chapter 702||FORECLOSURE OF MORTGAGES AND STATUTORY LIENS|
697.08 Equity skimming.—
(1) It is unlawful for any person, with intent to defraud the owner of real property, to engage in equity skimming, which is, to:
(a) Purchase, within a 3-year period, two or more single-family dwellings, two-family dwellings, three-family dwellings, or four-family dwellings, or a combination thereof, that are subject to a loan that is in default at the time of purchase or within 1 year after the time of purchase, which loan is secured by a mortgage or deed of trust;
(b) Fail to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan; and
(c) Apply, or authorize the application of, rents from such dwellings for the person’s own use.
History.—s. 1, ch. 94-288; s. 775, ch. 97-102.
Certain foreclosures validated.
Legal notice concerning foreclosure proceedings.
Mortgaged lands in different counties.
Mortgaged lands sold for taxes.
Deficiency decree; common-law suit to recover deficiency.
Final judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered.
Power of courts and judges to set aside foreclosure decrees at any time before sale.
Effect of setting aside foreclosure decree.
Order to show cause; entry of final judgment of foreclosure; payment during foreclosure.