Winning a Foreclosure Case. There really should be no need to bankruptcy or frankly even mortgage modification. The key is to fight foreclosure! Now, I want a word here about the technical rules and requirements and about the need to really fight hard and understand exactly what the Florida Rules of Civil Procedure and the rules for defending a foreclosure case are.

The fact is this is a massively complex area that requires not just a reading and understanding of the technical rules for foreclosure defense, but a complex understanding about exactly how they operate.

In short, you need an experienced foreclosure defense attorney to serve your interests properly….but for now, enjoy a few of the basics that are critically important



  1. Admit that Plaintiff was not in possession of the original promissory note at the time this lawsuit was filed.
  2. Admit that no party, at least 30 days prior to the filing of this lawsuit, gave Defendants notice that the Note was assigned to Plaintiff.
  3. Admit that the Copy of the Note attached to the Complaint was an accurate photocopy of the original Note as of the date that the Complaint was filed.
  4. Admit that Plaintiff is not the holder of the Note.
  5. Admit that Plaintiff didn’t send Defendant notice pursuant to section 22 of the Mortgage.
  6. Admit that no document exists that shows Plaintiff received the original note on or before August 11, 2008.
  7. Admit that no document exists that shows Plaintiff held the original note on or before August 11, 2008.
  8. Admit that no document exists that shows Plaintiff was in possession of the original note on or before August 11, 2008.
  9. Admit that Plaintiff is not the nonholder in possession of the note who has the rights of a holder.
  10. Admit that Mortgage Electronic Registration Systems, Inc. (“MERS”) is not a party to the Note.
  11. Admit that these admissions are being answered by Plaintiff’s servicer.
  12. Admit that the note is an obligation of a consumer to pay money arising out of a transaction in which the money or property which are the subject of the transaction are primarily for personal, family or household purposes.
  13. Admit that Kimberly Dawson is an employee or agent of Bank of America, or its subsidiaries.
  14. Admit that Kimberly Dawson is not authorized to sign documents as an employee or agent for Mortgage Electronic Registration Systems Incorporated as nominee for Primelending, a Planscapital Company.
  15. Admit that Countrywide created the Assignment of Mortgage from MERS to Bank of New York.
  16. Admit that the Assignment of Mortgage from MERS to Bank of New York was created for the purposes of litigation.


All documents which are related to the subject loan transaction including but not limited to Note, modification of mortgage, judgment notes, security agreements, mortgages, assignments, allonges, insurance agreements, servicing agreements, pooling and servicing agreements and any and all other documents that relate or reference in any way the loan, or Plaintiff’s ability to service the loan, which is the subject of this instant litigation.
All documents which show the exact date that Plaintiff came into possession of the Note(s) in question.

All documents which show that Plaintiff held, received, or was in possession of the original note prior on or before August 11, 2008.

All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Interrogatories to the Plaintiff.

All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Admissions to the Plaintiff.

If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is associated with said trust, please produce any relevant mortgage loan schedule which should include the Mortgagor’s name, loan identification number, the property address, etc. Please also produce any exceptions schedule which shows what mortgages were not transferred into the trust.

Any corporate resolution, power of attorney, contract, or document which shows that all parties which are able to act as servicing agent or otherwise authorized to act on behalf of Plaintiff with regard to the note or mortgage attached to the complaint.

All correspondence generated by any party concerning the loan transaction, mortgage or note in question, and instant foreclosure, from the May 1, 2007 until the date of responding to this request.

All telephone log sheets, computer printouts and any other internal memoranda or notes concerning this account.

All executed or unexecuted, recordable or non recordable assignments associated in any way with the subject loan including, but not limited to, assignments, transfers, allonges or any other document that purports to transfer the interest in the subject note and mortgage to any party from the date of its inception until the date of answering these requests for production.

All contracts between the Plaintiff and any person or entity responsible for servicing the mortgage and/or note.

All contracts, agreements and any other documents which show how and when the note and mortgage that are at dispute in this transaction came into possession of the Plaintiff.

All notices sent to Defendant pursuant to the Mortgage.

All documents which show the (1) name of the computer system that holds, processes, creates documents, prepares data, maintain, analysis, and otherwise contain the documents, information, data compilations, codes, and records of Defendant’s purported mortgage, note, payment history,  indebtedness, lender placed insurance, hazard insurance, late charges, appraisal, property inspections, brokers price opinions, title charges, title updates, etc., (2) the date of the system was created, (3) who maintains the system, (4) who developed the system, (5) what tasks the system performs, (6) who has access to the system, (7) how often the system is audited for accuracy, (8) how information is boarded or input into the system, (9) who boards the information into the system, and (10) where the server to the system is located.

Any and all bailee letters or other documents or data compilations which show who owned, held, serviced, or otherwise had any rights to enforce the note or mortgage attached to Plaintiff’s complaint.

All documents that borrower sent to lender, or its successors and assigns, that designates a substitute address by which notices should be sent under the mortgage.

All assignments of mortgage upon which Plaintiff relies on.

All documents that Plaintiff intends to rely on at trial.

A copy of the mortgage loan schedule which reference the instant note or mortgage.

A copy of all Requests for Release of Documents which reference the instant note or mortgage.

All written notices to either Defendant or Defendants which notify them of the assignment of the note at issue to another entity.

Here is more information on Winning Foreclosure Cases: Winning Cases and YALE LAW JOURNAL “In Defense of Free Houses”





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