Summary
The user is a defendant in a Florida foreclosure suit involving land with a restrictive covenant for railroad use. They hold promissory notes secured by the land and claim the plaintiff lacks clear title. The user has certified deeds and seeks to exclude plaintiffs evidence. Strategies include challenging the plaintiffs standing, presenting the restrictive covenant, demonstrating title defects, and filing a motion for summary judgment due to the plaintiffs failure to respond to the deed.Full Conversation
I am a defendant in a florida foreclosure suit. The property is part of a railroad grant to the state of florida with a restrictive provision that this particular property was to be used a "railroad subsidy" land and no other purpose whatsoever. The railroad then used the promise of this grant to secure funding by way of promissory notes, a sum to which I am now the holder of. My notes, issued by the the railroad are secured by the land that is subject to the foreclosure. You see, the lands were illegally entered upon, and sub-divided without consent of the true title holders, one of which is me. This trespasser then wrote interloping deeds on the property and sold them, and purchase money mortgages were executed secured by the defective deeds. Now, I took peaceful repossession of one of the parcels and now a plaintiff is trying to foreclose the defective mortgage and take the property from me. The complaint fails to allege clear title in the mortgagor and claims it has a superior claim than me, this ofcourse is false. I have the trial coming up next month and I need to keep plaintiff evidence out based on lack of title in the mortgagor, can you help?
Hi Jim, here are some general points that could help you prepare for your foreclosure trial:
- **Challenge the Plaintiff's Standing**: Argue that the plaintiff lacks standing to foreclose if they can't prove clear title or ownership of the mortgage.
- **Present Evidence of Restrictive Covenant**: Highlight the restrictive provision that the land was to be used solely as "railroad subsidy" land.
- **Demonstrate Title Defects**: Provide evidence that the deeds executed by trespassers are defective and void.
- **Request Exclusion of Evidence**: File a motion in limine to exclude any evidence that the plaintiff intends to use, showing lack of clear title in the mortgagor.
Florida Court of Appeals~
Phone: (*) *-*
Address: * South Duval Street, Tallahassee, FL *-*
Website: www.1dca.org
What specific documents or evidence do you have that supports your claim to the property?
I have a certified copy of the restrictive patent (deed) from the U.S. to the state of florida, that indicates the land can be used for no other purposes whatsoever.
Jim, thank you for the additional details. Here are some next steps you might consider:
- **Certified Copy of Restrictive Deed**: Present this certified copy as key evidence to show the restrictive use of the land.
- **Historical Records**: Gather any historical records or documents that trace the land's ownership and usage.
- **Expert Testimony**: Consider obtaining expert testimony on the history and legal implications of the restrictive covenant.
~Florida Court of Appeals~
Phone: (*) *-*
Address: * South Duval Street, Tallahassee, FL *-*
Website: [www.1dca.org](http://www.1dca.org)
Do you have any other documentation that supports your claim, such as promissory notes or evidence of trespass?
I also have the certified deed from Florida to said railway company, and attached that to my answer, this imposed a burden on the Plaintiff to rebut said deed in a responsive pleading, the plaintiff did not respond.
Jim, here are some additional strategies you might consider for your foreclosure trial:
- **Motion for Summary Judgment**: Given the plaintiff’s failure to respond to your deed, file a motion for summary judgment on the grounds that there is no genuine issue of material fact.
- **Challenge Plaintiff's Evidence**: Emphasize the plaintiff's lack of response, arguing that they have not met their burden of proof.
- **Reinforce Your Title**: Use your certified deeds and the restrictive covenant to reinforce your claim to the property.
~Florida Court of Appeals~
Phone: (*) *-*
Address: * South Duval Street, Tallahassee, FL *-*
Website: [www.1dca.org](http://www.1dca.org)
Do you have any witnesses or additional documentation that could support your case further?
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