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Saturday
Feb022013

Expedited Foreclosure

Florida Second District Court of Appeal released an interesting new opinion a few days ago (Barrunn v. Talmer Bank & Trust). The opinion can be found at: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2013/February/February%2001,%202013/2D12-446.pdf.

Section 702.10(1) of Florida Statute allows a plaintiff to invoke an expedited foreclosure procedure. If the defendant does not show cause why a judgment should not be entered, the judge will have to grant the judgment to the plaintiff. The defendant can defeat this expedited procedure by filing an opposition to the motion with his affirmative defenses. It is quiet possible that this new tactic will start to be used more frequently by plaintiffs. If the foreclosure is uncontested, which is about 90% of most foreclosure suits, the plaintiff can obtain a judgment rather rapidly. It is becoming more difficult for plaintiffs to get summary judgment nowadays; there are too many case laws in favor of homeowners. The new tactic that they are using now is to bypass the summary judgment stage and directly go to trial. Most pro se cannot properly defend themselves at trial, and most defense attorneys are not experienced in trial advocacy. One defense the homeowner has, is to file a counterclaim with a demand for jury trial; this will bring the case to a grinding halt.

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