Foreclosure attorney filed ...

[reel time]

The bank's Foreclosure Attorney filed someone else's mortgage papers with the court as evidence of my note and further states " hereby files the original Note and Mortgage which are the subject of this suit,together with any Assignments of Mortgage which are in the Plaintiffs possession."

The process is now coming up on a summarry judgement hearing inside of three weeks.

Of course, with out my mortgage papers being the subject of the matter I want to move for dismissal and have the case thrown out without reestablishing the Plaintiff's position later ... kind of like double jeopardy ... any ideas of success on such a motion ???

[reel time]

Marshal E. Rosenbach are you viewing this section ???

It appears that this area doesn't get many comments from the attorneys ...

[Marshall Rosenbach Esq.]

Yes, I am viewing this section. I have just been very busy. There are many things you can do. Look into Fla. Stat. 57.105 which gives you the right to give them notice that you will be asking for your attorneys fees for filing a motion with no basis in the law unless they withdraw the papers. Or you can just call up the lawyer for the bank and advise them of the problem. That way they don't incur tons of attorneys fees that you will ultimately be responsible for paying. Ultimately though, the law firm should find the correct paperwork. If they don't, they will probably amend their complaint to assert they lost the instrument, etc.

[reel time]

Thank you for the response.

As an update, the bank's Foreclosure Attorney cancelled the summary judgement hearing. I suppose we will see what happens next.

Thank you again for your response.