Who is Holder in Due Course in Florida?

Pursuant to F.S 673.3021 a party cannot become holder in due course if it purchased a mortgage loan that is in default or bought the mortgage as part of a bulk purchase.

Therefore the purchaser of mortgages of a failed bank cannot claim holder in due course status. That's a legal weapon that can be used against pretender lenders.

673.3021 Holder in due course.—
(1) Subject to subsection (3) and s. 673.1061(4), the term “holder in due course” means the holder of an instrument if:
(a)  The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
(b) The holder took the instrument:
1. For value;
2. In good faith;
3.  Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;
4. Without notice that the instrument contains an unauthorized signature or has been altered;
5. Without notice of any claim to the instrument described in s. 673.3061; and
6. Without notice that any party has a defense or claim in recoupment described in s. 673.3051(1).


F.S. 673.3021(3)
Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken:
(a) By legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding;
(b) By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or
(c) As the successor in interest to an estate or other organization.

Fatal Mistakes Pro Se Make

In a foreclosure suits it is crucial for the pro se to learn the rule of evidence. It is the bedrock of your defense. If you don't understand the rule of evidence, the plaintiff will run circles around you.

There are three fatal mistakes most pro se and lot of defense attorneys make:

1) Admitting that there is a default on the mortgage.
It is the job of the plaintiff to prove that you defaulted on the mortgage and that they sent you a notice of default. Why would you make their life easier when you really don't know if there is a default on the mortgage? Remember that third parties, such as insurance, servicers, credit default swaps could be paying the mortgage without you knowing.

In Harvey v. Deutche Bank (4th DCA 2011) the court said "Importantly, Harvey has never denied that she was in default as to her mortgage payments."

2) Admitting that the promissory note and mortgage are authentic.
That's is probably the biggest mistake amongst them. You must challenge the authenticity of each signature and force the plaintiff to prove that the documents are authentic. The plaintiff has the burden of proof, not the defendant.

3) Failing to object to plaintiff's affidavits.
If you don't challenge the affidavits, they stand; and it is a powerful weapon in plaintiff arsenal. They don't have to bring in a live witness to testify. If you object to the affidavits, then they have to bring in a live person to give sworn testimony.

Brevard County Foreclosure Procedures

Brevard county recently revised their foreclosure procedures. They really came down hard on the foreclosure mills and their clients. Every pro se should read this document in order to learn the dirty tricks the mills play on unsuspected defendants.

Where to Serve America's Servicing Company (ASC)

America's Servicing Company (ASC) is one of the biggest loan servicing company in the country. If you're suing them, you may find it little difficult to locate their registered agent. ASC is owned by Wells Fargo Bank N.A. and Wells Fargo has a registered agent in practically every state. In Florida it is:

Wells Fargo Bank N.A
Corporation Service Company
1201 Hays Street
Tallahaassee, FL 32301

Motion For Reconsideration vs. Motion For Rehearing

What is the difference between a motion for reconsideration and a motion for rehearing?
A motion for reconsideration is for non-final orders. For instance if you file for a motion to strike an affidavit and the judge denies your motion, you will file a motion for reconsideration; that will allow the judge to review his/her order and amend if necessary.
However, a motion for rehearing is for final orders and must be filed within 10 days from the verdict if it is a jury trial or 10 days from the filing of the order if it is an non-jury trial.
A final order is an order that concludes the proceeding.