Homeowners in Florida facing government, bank and other types of foreclosures, such as Suntrust home foreclosures, have found a new technique to battle lenders filing foreclosure cases against them. Most lawyers representing these homeowners have found that questioning affidavit validity is one way of gaining ground against lender banks.
With the number of Tampa foreclosed homes and distressed properties all around the state reaching record highs, homeowners and their attorneys have learned to explore various ways that would help borrowers retain their properties. In this latest defense method, defendants scrutinize the validity of the court affidavits filed by the notes owners.
Lawyers who represent homeowners with properties under foreclosure listings in Florida are increasingly using the argument that plaintiffs are violating rules by not attaching records to their affidavits that support the foreclosure lawsuit. Such records include information on borrower fees, payment history and loan details.
Under Rule 1.510 of the Florida Rules of Civil Procedure, cases involving foreclosed homes for sale should attach certified or sworn copies of records that were referred to in the filed affidavit to serve as evidence in the case. The rule was initially established to protect the rights of homeowners and to make sure that the plaintiff is entitled to file the said lawsuit.
In a lawsuit involving bank, government and other types of foreclosures, including Suntrust home foreclosures, the affidavit filed by the plaintiff should provide details on how much was owed by the borrower, that the house is legally allowed to be sold and that no existing disputes between the homeowner and the lender remain unresolved.
Because a lot of homeowners opt not to oppose foreclosure cases against them, the validity of these affidavits and plaintiffs' rule compliance are mostly never questioned. These affidavits are significant since judges use them as evidence whenever they provide a summary judgment favoring lenders which would then lead to the property getting sold at auction.
If a summary judgment has been denied by the courts, sometimes due to questionable filing of affidavits, the borrower is then given the chance to face the bank or lender in a court trial. According to most foreclosure lawyers, an affidavit that does not include necessary requirements can spell the difference between borrowers losing their homes to government or bank foreclosures, including Suntrust home foreclosures, or having the chance to get the case into trial.
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