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Foreclosure Counterclaim And Cross Claim
Summary
Borrowers can file counterclaims and cross-claims in foreclosure cases if payments are current. Counterclaims assert wrongful foreclosure against the lender, while cross-claims may target other involved parties. Florida Statutes § 701.02 and § 201.08 require proper filing of mortgage assignments. Failure to provide a payoff statement within 14 days violates Florida Statutes § 701.04. Florida Statutes § 559.72(9) prohibits collecting invalid debts. Violations can be framed in legal complaints to seek remedies like dismissal of foreclosure or damages.Full Conversation
I'm looking for a sample case in palm beach county for foreclosure where the Lender/Plaintiff filed an unjust foreclosure collecting payments borrower not in default and was able to prove all payments, and includes where the borrower filed a counter claim and a cross claim
Hi ****! While I can't provide a specific case, I can give you some guidance. You can search for foreclosure cases in Palm Beach County through the Palm Beach County Clerk & Comptroller's website. Look for case summaries that match your criteria.
Would you like more information on how to file a counterclaim and cross-claim in a foreclosure case?
Would you like more information on how to file a counterclaim and cross-claim in a foreclosure case?
any case you can cite for general foreclosure wherein borrower filed a counter and cross claim
****, while I can't provide a specific case citation, here are some general legal principles and steps you might find useful:
- Counterclaim: Filed by a defendant against the plaintiff, asserting a claim arising out of the same transaction or occurrence.
- Cross-claim: Filed against a co-defendant or co-plaintiff, related to the same property or transaction.
You can search for foreclosure cases in Palm Beach County on the Clerk & Comptroller's website. Also, consider consulting a lawyer for more specific guidance.
Would you like more detailed information on how to file these claims?
- Counterclaim: Filed by a defendant against the plaintiff, asserting a claim arising out of the same transaction or occurrence.
- Cross-claim: Filed against a co-defendant or co-plaintiff, related to the same property or transaction.
You can search for foreclosure cases in Palm Beach County on the Clerk & Comptroller's website. Also, consider consulting a lawyer for more specific guidance.
Would you like more detailed information on how to file these claims?
ok
Hi ****! To file a counterclaim and cross-claim in a foreclosure case:
- Counterclaim: Respond to the foreclosure complaint, asserting your claims against the lender.
- Cross-claim: File against another party involved in the case, related to the property or transaction.
Would you like more information on specific forms or procedural steps?
- Counterclaim: Respond to the foreclosure complaint, asserting your claims against the lender.
- Cross-claim: File against another party involved in the case, related to the property or transaction.
Would you like more information on specific forms or procedural steps?
can this be used by borrowers in a counter or cross complaint of a foreclosure action that was filed although all payments are up to date
Yes, borrowers can use a counterclaim or cross-claim in a foreclosure action if all payments are up to date. Here's a brief overview:
- Counterclaim: Assert claims against the lender for wrongful foreclosure.
- Cross-claim: If applicable, file against another party involved in the foreclosure.
Would you like more detailed information on how to proceed with these claims?
- Counterclaim: Assert claims against the lender for wrongful foreclosure.
- Cross-claim: If applicable, file against another party involved in the foreclosure.
Would you like more detailed information on how to proceed with these claims?
civil theft under sections *.*(*) and *.*(a)(a) & (b), Florida Statutes; (*) fraud;
Hi ****! To address civil theft and fraud under Florida Statutes:
- Civil Theft:
- Under §*.*(*): Allows victims of theft to pursue civil remedies.
- §*.*(*)(a) & (b): Defines theft and associated penalties.
- Fraud:
- Misrepresentation causing harm to another party.
Would you like more information on how to file these claims in your foreclosure case?
- Civil Theft:
- Under §*.*(*): Allows victims of theft to pursue civil remedies.
- §*.*(*)(a) & (b): Defines theft and associated penalties.
- Fraud:
- Misrepresentation causing harm to another party.
Would you like more information on how to file these claims in your foreclosure case?
can I get a summary of this case BLANCHE L. DIXON AND ROY J. DIXON, JR.,
Plaintiffs, vs.
JOSEPH ABRUZZO, Clerk and Comptroller
of Palm Beach County, Florida, in his
personal capacity, SAMANTHA SCHOSBER, in her personal capacity, CROSSCOUNTRY MORTGAGE LLC, CLEAR2CLOSE TITLE & ESCROW LLC, RYAN S. SHIPP,
The case involves Blanche L. Dixon and Roy J. Dixon, Jr. (Plaintiffs) against Joseph Abruzzo (Clerk and Comptroller of Palm Beach County) and others in their personal capacities, including Samantha Schosber, CrossCountry ****rtgage LLC, Clear2Close Title & Escrow LLC, and Ryan S. Shipp. The plaintiffs are likely alleging wrongful foreclosure and may have filed counterclaims and cross-claims, possibly involving civil theft and fraud under Florida Statutes §*.*(*) and §*.*(*)(a) & (b).
Would you like more detailed information on filing counterclaims and cross-claims in a foreclosure case?
Would you like more detailed information on filing counterclaims and cross-claims in a foreclosure case?
what is the Rooker-Feldman doctrine
The Rooker-Feldman doctrine is a principle of federal jurisdiction law that prevents lower federal courts from reviewing state court judgments. Here’s a brief overview:
- Originates from two U.S. Supreme Court cases: Rooker v. Fidelity Trust Co. and District of Columbia Court of Appeals v. Feldman.
- It bars federal district courts from hearing cases that effectively seek to overturn state court judgments.
- Only the U.S. Supreme Court has appellate jurisdiction over state court decisions.
Would you like more information on how this might affect your foreclosure case?
- Originates from two U.S. Supreme Court cases: Rooker v. Fidelity Trust Co. and District of Columbia Court of Appeals v. Feldman.
- It bars federal district courts from hearing cases that effectively seek to overturn state court judgments.
- Only the U.S. Supreme Court has appellate jurisdiction over state court decisions.
Would you like more information on how this might affect your foreclosure case?
what does this mean "dismiss this action in toto"
"Dismissing this action in toto" means that the court is dismissing the entire case in its entirety, not just parts of it. Essentially, the court is rejecting all claims and arguments presented in the case.
Would you like more information on what might cause a case to be dismissed in toto?
Would you like more information on what might cause a case to be dismissed in toto?
yes
A case can be dismissed in toto for several reasons, including:
- Lack of jurisdiction.
- Failure to state a claim upon which relief can be granted.
- Procedural issues, such as improper service or filing errors.
- Settlement between parties.
Would you like more information on any specific reason for dismissal?
- Lack of jurisdiction.
- Failure to state a claim upon which relief can be granted.
- Procedural issues, such as improper service or filing errors.
- Settlement between parties.
Would you like more information on any specific reason for dismissal?
yes
The case seems to have a considerable complexity, potentially warranting legal consultation.
To address reasons for dismissal in detail:
- Lack of Jurisdiction: The court may not have authority over the subject matter or parties involved.
- Failure to State a Claim: The complaint doesn’t sufficiently allege facts supporting a legal claim.
- Procedural Issues: Errors in filing, serving documents, or other procedural missteps.
- Settlement: Parties may agree to resolve the matter outside of court.
Would you like more information on any specific reason or steps to avoid dismissal?
To address reasons for dismissal in detail:
- Lack of Jurisdiction: The court may not have authority over the subject matter or parties involved.
- Failure to State a Claim: The complaint doesn’t sufficiently allege facts supporting a legal claim.
- Procedural Issues: Errors in filing, serving documents, or other procedural missteps.
- Settlement: Parties may agree to resolve the matter outside of court.
Would you like more information on any specific reason or steps to avoid dismissal?
what statutes are violated in Florida if a lender on a private commercial mortgage fails to file documents with the court for a transfer of note and mortgage ownership
If a lender on a private commercial mortgage fails to file documents for the transfer of note and mortgage ownership in Florida, the following statutes may be implicated:
- Florida Statutes § *.*: Requires the assignment of mortgages to be recorded in the appropriate county.
- Florida Statutes § *.*: Addresses the requirement for documentary stamp taxes on recorded documents.
Would you like more detailed information on these statutes or potential legal remedies?
- Florida Statutes § *.*: Requires the assignment of mortgages to be recorded in the appropriate county.
- Florida Statutes § *.*: Addresses the requirement for documentary stamp taxes on recorded documents.
Would you like more detailed information on these statutes or potential legal remedies?
is there a case that can be cited that aligns with this violation
Hi ****! While I can't provide a specific case citation, here are some steps you can take to find relevant cases:
- Search the Palm Beach County Clerk & Comptroller's website for foreclosure cases.
- Look for cases involving issues with the transfer of note and mortgage ownership.
- Consult legal databases like Westlaw or LexisNexis for more detailed case law research.
Would you like more guidance on how to conduct this search?
- Search the Palm Beach County Clerk & Comptroller's website for foreclosure cases.
- Look for cases involving issues with the transfer of note and mortgage ownership.
- Consult legal databases like Westlaw or LexisNexis for more detailed case law research.
Would you like more guidance on how to conduct this search?
would those statutes be violated if the allonge and assignment wasn't filed
If the allonge and assignment were not filed, these statutes could potentially be violated:
- Florida Statutes § *.*: Requires the recording of mortgage assignments.
- Florida Statutes § *.*: Requires documentary stamp taxes on recorded documents.
Would you like more detailed information on how to address this issue?
- Florida Statutes § *.*: Requires the recording of mortgage assignments.
- Florida Statutes § *.*: Requires documentary stamp taxes on recorded documents.
Would you like more detailed information on how to address this issue?
how would you position this violation in a cross complaint
To position the violation in a cross-complaint, you can assert that the lender's failure to file the allonge and assignment documents violated Florida Statutes § *.* and § *.*, causing you harm. Here's a brief outline:
- Allegations: State that the lender failed to comply with statutory requirements.
- Statutes Violated: Cite Florida Statutes § *.* and § *.*.
- Harm: Describe how this failure adversely affected you (e.g., wrongful foreclosure, clouded title).
- Relief Sought: Request appropriate remedies, such as dismissal of the foreclosure action or damages.
Would you like more detailed guidance on drafting this cross-complaint?
- Allegations: State that the lender failed to comply with statutory requirements.
- Statutes Violated: Cite Florida Statutes § *.* and § *.*.
- Harm: Describe how this failure adversely affected you (e.g., wrongful foreclosure, clouded title).
- Relief Sought: Request appropriate remedies, such as dismissal of the foreclosure action or damages.
Would you like more detailed guidance on drafting this cross-complaint?
yes
To draft a cross-complaint for a lender's failure to file allonge and assignment documents, follow these steps:
- Allegations:
- Detail the lender's failure to record the allonge and assignment documents.
- Explain how this violates Florida Statutes § *.* and § *.*.
- Statutes Violated:
- Cite specific statutes: Florida Statutes § *.* and § *.*.
- Harm:
- Explain how this failure has caused you harm (e.g., wrongful foreclosure, clouded title).
- Relief Sought:
- Request remedies such as dismissal of the foreclosure action or monetary damages.
Would you like specific examples or templates for drafting this cross-complaint?
- Allegations:
- Detail the lender's failure to record the allonge and assignment documents.
- Explain how this violates Florida Statutes § *.* and § *.*.
- Statutes Violated:
- Cite specific statutes: Florida Statutes § *.* and § *.*.
- Harm:
- Explain how this failure has caused you harm (e.g., wrongful foreclosure, clouded title).
- Relief Sought:
- Request remedies such as dismissal of the foreclosure action or monetary damages.
Would you like specific examples or templates for drafting this cross-complaint?
is there any violated of any statutory requirements in FL if repeated requests to a private commercial lender for a loan pay0ff is not provided after repeated requests from borrower and borrower's attorney where lender unjustly filed foreclosure after n0 missed payments
Failure to provide a loan payoff statement upon request may violate certain Florida statutes and potentially constitute unfair or deceptive practices. Here are some relevant statutes:
- Florida Statutes § *.*: Requires lenders to provide a payoff statement within 14 days after request.
- Florida Statutes § *.*(*): Prohibits lenders from willfully engaging in conduct which can reasonably be expected to abuse or harass the debtor.
Would you like more detailed information on pursuing a remedy for this issue?
- Florida Statutes § *.*: Requires lenders to provide a payoff statement within 14 days after request.
- Florida Statutes § *.*(*): Prohibits lenders from willfully engaging in conduct which can reasonably be expected to abuse or harass the debtor.
Would you like more detailed information on pursuing a remedy for this issue?
plse give a little more explanation on Florida Statutes § *.*(*)
Sure! Here's a brief explanation of Florida Statutes § *.*(*):
- Prohibition: Lenders and debt collectors are prohibited from willfully engaging in conduct that can be reasonably expected to harass or abuse the debtor.
- Examples: This includes, but is not limited to, repeated phone calls, threats, or any other forms of harassment.
- Remedies: Violations can lead to debtors seeking damages and other legal remedies.
Would you like more information on how to file a complaint under this statute?
- Prohibition: Lenders and debt collectors are prohibited from willfully engaging in conduct that can be reasonably expected to harass or abuse the debtor.
- Examples: This includes, but is not limited to, repeated phone calls, threats, or any other forms of harassment.
- Remedies: Violations can lead to debtors seeking damages and other legal remedies.
Would you like more information on how to file a complaint under this statute?
brief summary onFlorida Statutes § *.*
Florida Statutes § *.* requires mortgage holders to provide a payoff statement within 14 days of a written request from the borrower. Failure to comply can result in penalties, including potential damages to the borrower. This statute ensures transparency and protects borrowers from undue delays in receiving payoff information.
Would you like more detailed information on pursuing a claim under this statute?
Would you like more detailed information on pursuing a claim under this statute?
yes, and how would this be framed in a cross complaint
To frame a violation of Florida Statutes § *.* in a cross-complaint, follow these steps:
- Allegations:
- State that the lender failed to provide a payoff statement within the required *-day period despite repeated requests.
- Explain how this violates Florida Statutes § *.*.
- Statutes Violated:
- Cite Florida Statutes § *.* explicitly.
- Harm:
- Describe how this failure caused harm, such as wrongful foreclosure proceedings, additional financial costs, or emotional distress.
- Relief Sought:
- Request remedies such as dismissal of the foreclosure action, monetary damages, and any other appropriate relief.
Would you like a template for drafting this cross-complaint?
- Allegations:
- State that the lender failed to provide a payoff statement within the required *-day period despite repeated requests.
- Explain how this violates Florida Statutes § *.*.
- Statutes Violated:
- Cite Florida Statutes § *.* explicitly.
- Harm:
- Describe how this failure caused harm, such as wrongful foreclosure proceedings, additional financial costs, or emotional distress.
- Relief Sought:
- Request remedies such as dismissal of the foreclosure action, monetary damages, and any other appropriate relief.
Would you like a template for drafting this cross-complaint?
how would this be framed in a statement in a cross complaint
To frame a violation of Florida Statutes § *.* in a cross-complaint, you can use the following structure:
---
---
Cross-Complaint Allegations
*. Failure to Provide Payoff Statement:
- The Defendant (Lender) failed to provide a payoff statement within the *-day period required by Florida Statutes § *.*, despite repeated written requests from the Plaintiff (Borrower) and their attorney.
*. Statutory Violation:
- This failure constitutes a violation of Florida Statutes § *.*, which mandates that mortgage holders must furnish a payoff statement within 14 days of receiving a written request from the borrower.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Wrongful initiation of foreclosure proceedings.
- Additional financial costs incurred due to the delay.
- Emotional distress caused by the uncertainty and wrongful foreclosure action.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financiallosses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a detailed template for drafting this cross-complaint?
*. Failure to Provide Payoff Statement:
- The Defendant (Lender) failed to provide a payoff statement within the *-day period required by Florida Statutes § *.*, despite repeated written requests from the Plaintiff (Borrower) and their attorney.
*. Statutory Violation:
- This failure constitutes a violation of Florida Statutes § *.*, which mandates that mortgage holders must furnish a payoff statement within 14 days of receiving a written request from the borrower.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Wrongful initiation of foreclosure proceedings.
- Additional financial costs incurred due to the delay.
- Emotional distress caused by the uncertainty and wrongful foreclosure action.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financiallosses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a detailed template for drafting this cross-complaint?
what FL statute is violated if servicing company receives payments for 9 months and does not give credit to borrow as reflected in a pay off request
If a servicing company receives payments for 9 months and does not give credit to the borrower as reflected in a payoff request, the following Florida statutes may be violated:
- Florida Statutes § *.*: Requires providing accurate payoff information.
- Florida Statutes § *.*(*): Prohibits claiming or attempting to enforce an obligation that is known to be invalid.
Would you like more information on pursuing a claim under these statutes?
- Florida Statutes § *.*: Requires providing accurate payoff information.
- Florida Statutes § *.*(*): Prohibits claiming or attempting to enforce an obligation that is known to be invalid.
Would you like more information on pursuing a claim under these statutes?
is their a law to cite that buttresses this issue
You can cite the following statutes to support your issue:
- Florida Statutes § *.*: Requires mortgage holders to provide accurate payoff information within 14 days of a request.
- Florida Statutes § *.*(*): Prohibits debt collectors from asserting a debt they know isn't valid, including failing to credit payments properly.
Would you like more detailed information on how to frame these violations in a complaint?
- Florida Statutes § *.*: Requires mortgage holders to provide accurate payoff information within 14 days of a request.
- Florida Statutes § *.*(*): Prohibits debt collectors from asserting a debt they know isn't valid, including failing to credit payments properly.
Would you like more detailed information on how to frame these violations in a complaint?
what about an amount that they know isn't valid
If a lender or servicing company knowingly attempts to collect an invalid debt amount, it may violate several statutes:
- Florida Statutes § *.*(*): Prohibits debt collectors from claiming, attempting, or threatening to enforce a debt they know is invalid.
- Florida Statutes § *.*: Addresses unfair or deceptive acts or practices in trade or commerce.
Would you like more details on how to assert these violations in a complaint?
- Florida Statutes § *.*(*): Prohibits debt collectors from claiming, attempting, or threatening to enforce a debt they know is invalid.
- Florida Statutes § *.*: Addresses unfair or deceptive acts or practices in trade or commerce.
Would you like more details on how to assert these violations in a complaint?
how to lay this out in counter claim
To lay out these violations in a counterclaim, you can follow this structure:
---
Counterclaim for Violations of Florida Statutes
*. Parties:
- Plaintiff: [Your Name]
- Defendant: [Lender/Servicing Company Name]
*. Allegations:
- Failure to Provide Accurate Payoff Statement (Florida Statutes § *.*):
- The Defendant failed to provide an accurate payoff statement within 14 days of multiple written requests from the Plaintiff.
- This failure constitutes a violation of Florida Statutes § *.*.
- Failure to Credit Payments (Florida Statutes § *.*(*)):
- The Defendant received payments for 9 months but failed to credit these payments to the Plaintiff’s account as reflected in the payoff request.
- This action violates Florida Statutes § *.*(*), which prohibits attempting to enforce an obligation known to be invalid.
- Attempting to Collect Invalid Amounts (Florida Statutes § *.*(*) and § *.*):
- The Defendant knowingly attempted to collect an amount from the Plaintiff that they knew was invalid.
- This constitutes a violation of Florida Statutes § *.*(*) and § *.*, which address unfair or deceptive acts.
*. Resulting Harm:
- The Plaintiff suffered harm, including but not limited to:
- Wrongful initiation of foreclosure proceedings.
- Additional financial costs incurred due to the delay and incorrect accounting.
- Emotional distress caused by the uncertainty and wrongful foreclosure action.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more detailed guidance on drafting this counterclaim?
---
Counterclaim for Violations of Florida Statutes
*. Parties:
- Plaintiff: [Your Name]
- Defendant: [Lender/Servicing Company Name]
*. Allegations:
- Failure to Provide Accurate Payoff Statement (Florida Statutes § *.*):
- The Defendant failed to provide an accurate payoff statement within 14 days of multiple written requests from the Plaintiff.
- This failure constitutes a violation of Florida Statutes § *.*.
- Failure to Credit Payments (Florida Statutes § *.*(*)):
- The Defendant received payments for 9 months but failed to credit these payments to the Plaintiff’s account as reflected in the payoff request.
- This action violates Florida Statutes § *.*(*), which prohibits attempting to enforce an obligation known to be invalid.
- Attempting to Collect Invalid Amounts (Florida Statutes § *.*(*) and § *.*):
- The Defendant knowingly attempted to collect an amount from the Plaintiff that they knew was invalid.
- This constitutes a violation of Florida Statutes § *.*(*) and § *.*, which address unfair or deceptive acts.
*. Resulting Harm:
- The Plaintiff suffered harm, including but not limited to:
- Wrongful initiation of foreclosure proceedings.
- Additional financial costs incurred due to the delay and incorrect accounting.
- Emotional distress caused by the uncertainty and wrongful foreclosure action.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more detailed guidance on drafting this counterclaim?
since they did not give credit for the 9 months worth of payment and provided an incorrect amount owed what statues have been violated
If a lender or servicing company fails to credit payments properly and provides an incorrect amount owed, the following Florida statutes may be violated:
- Florida Statutes § *.*: Requires accurate payoff information within 14 days of a written request.
- Florida Statutes § *.*(*): Prohibits asserting a debt they know is invalid.
Would you like more detailed information on how to frame these violations in a complaint?
- Florida Statutes § *.*: Requires accurate payoff information within 14 days of a written request.
- Florida Statutes § *.*(*): Prohibits asserting a debt they know is invalid.
Would you like more detailed information on how to frame these violations in a complaint?
which Florida statute governs registering a corporation at sun biz to do business in florida
The relevant Florida statute for registering a corporation to do business in Florida is:
- Florida Statutes § *.*: This statute outlines the requirements for incorporating a business in Florida, including filing the necessary documents with the Florida Department of State through their Sunbiz.org portal.
Would you like information on how to start the registration process?
- Florida Statutes § *.*: This statute outlines the requirements for incorporating a business in Florida, including filing the necessary documents with the Florida Department of State through their Sunbiz.org portal.
Would you like information on how to start the registration process?
what is Florida statute Chapter *
Florida Statute Chapter * governs the regulation of mortgage brokers, mortgage lenders, and mortgage loan originators. Here are some key points:
- Licensure requirements for mortgage brokers and lenders.
- Regulations and compliance standards for conducting mortgage business.
- Penalties for violations and non-compliance.
Would you like more detailed information on any specific aspect of Chapter *?
- Licensure requirements for mortgage brokers and lenders.
- Regulations and compliance standards for conducting mortgage business.
- Penalties for violations and non-compliance.
Would you like more detailed information on any specific aspect of Chapter *?
for a mortgage servicer based in California, doing business in FL and collecting money from a Florida borrower for a Florida property
For a mortgage servicer based in California, doing business in Florida, and collecting payments from a Florida borrower for a Florida property, the following legal principles and statutes are relevant:
- Licensing Requirements: The mortgage servicer must be appropriately licensed under Florida Statutes Chapter *.
- Consumer Protection: Florida Statutes § *.* governs debt collection practices and prohibits unfair, deceptive, or abusive practices.
- ****rtgage Servicing: Compliance with federal laws such as the Real Estate Settlement Procedures Act (RESPA) may also be required.
Would you like more information on compliance requirements or how to address potential violations?
- Licensing Requirements: The mortgage servicer must be appropriately licensed under Florida Statutes Chapter *.
- Consumer Protection: Florida Statutes § *.* governs debt collection practices and prohibits unfair, deceptive, or abusive practices.
- ****rtgage Servicing: Compliance with federal laws such as the Real Estate Settlement Procedures Act (RESPA) may also be required.
Would you like more information on compliance requirements or how to address potential violations?
this is for a commercial loan
For a commercial loan involving a mortgage servicer based in California collecting payments from a Florida borrower, the relevant statutes and regulations include:
- Florida Statutes Chapter *: Governs licensing and regulation of mortgage brokers, lenders, and servicers.
- Florida Statutes § *.*: Requires accurate payoff information within 14 days of a written request.
- Florida Statutes § *.*(*): Prohibits asserting a debt known to be invalid.
Would you like more detailed information on compliance requirements or specific steps to address potential violations in a commercial loan context?
- Florida Statutes Chapter *: Governs licensing and regulation of mortgage brokers, lenders, and servicers.
- Florida Statutes § *.*: Requires accurate payoff information within 14 days of a written request.
- Florida Statutes § *.*(*): Prohibits asserting a debt known to be invalid.
Would you like more detailed information on compliance requirements or specific steps to address potential violations in a commercial loan context?
How would chapter * be accurately stated in a cross complaint
To accurately state a violation of Chapter * in a cross-complaint, you can follow this structure:
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This failure constitutes a violation of Florida Statutes Chapter *.
*. Statutory Violation:
- Cite specific sections of Chapter * that were violated (e.g., licensure requirements, compliance standards).
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses.
- Emotional distress.
- Complications in mortgage processing.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a more detailed template or specific sections of Chapter494 to cite in your cross-complaint?
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This failure constitutes a violation of Florida Statutes Chapter *.
*. Statutory Violation:
- Cite specific sections of Chapter * that were violated (e.g., licensure requirements, compliance standards).
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses.
- Emotional distress.
- Complications in mortgage processing.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a more detailed template or specific sections of Chapter494 to cite in your cross-complaint?
yes
Sure! Here's a more detailed template for your cross-complaint citing specific sections of Florida Statutes Chapter *:
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by the uncertainty and complications in mortgage processing.
- Complications in mortgage processing, leading to potential wrongful foreclosure actions.
*.Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more specific sections of Chapter * or additional guidance on drafting this cross-complaint?
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by the uncertainty and complications in mortgage processing.
- Complications in mortgage processing, leading to potential wrongful foreclosure actions.
*.Relief Sought:
- The Plaintiff seeks the following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more specific sections of Chapter * or additional guidance on drafting this cross-complaint?
need a summary of Florida Statutes § *.*(*)
Sure, here's a brief summary of Florida Statutes § *.*(*):
- Prohibition: Debt collectors are prohibited from claiming, attempting, or threatening to enforce a debt they know is not legitimate or valid.
- Purpose: To protect consumers from unlawful debt collection practices.
- Remedies: Violations can result in debtors seeking damages and other legal remedies.
Would you like more detailed information on pursuing a claim under this statute?
- Prohibition: Debt collectors are prohibited from claiming, attempting, or threatening to enforce a debt they know is not legitimate or valid.
- Purpose: To protect consumers from unlawful debt collection practices.
- Remedies: Violations can result in debtors seeking damages and other legal remedies.
Would you like more detailed information on pursuing a claim under this statute?
what is the summary ofFlorida Statutes § *.*
Sure, here’s a brief summary of Florida Statutes § *.*:
- Prohibition: Debt collectors are prohibited from engaging in specific unfair, deceptive, or abusive practices.
- Key Provisions: Includes various prohibitions such as harassment, false representation, and attempting to collect debts known to be invalid.
- Purpose: To protect consumers from abusive debt collection practices.
- Remedies: Violations can lead to consumers seeking damages and other legal remedies.
Would you like more detailed information on a specific provision within this statute?
- Prohibition: Debt collectors are prohibited from engaging in specific unfair, deceptive, or abusive practices.
- Key Provisions: Includes various prohibitions such as harassment, false representation, and attempting to collect debts known to be invalid.
- Purpose: To protect consumers from abusive debt collection practices.
- Remedies: Violations can lead to consumers seeking damages and other legal remedies.
Would you like more detailed information on a specific provision within this statute?
what fl statute is violated if a owner of note and mortgage represented to the bankruptcy court that they should receive borrowers payment thru bankruptcy, rec'd the 1st payment from the court and 13 days later does an allonge and assignment to another entity and does not notify bankruptcy court of the change and continues to collect the payments for 3 years
If the owner of a note and mortgage represented to the bankruptcy court that they should receive payments, received the first payment, then transferred the note and mortgage to another entity without notifying the court, and continued to collect payments, the following Florida statutes may be violated:
- Florida Statutes § *.*: This statute addresses unfair or deceptive acts or practices in trade or commerce.
- Florida Statutes § *.*(*): Prohibits debt collectors from asserting a debt they know is not valid.
Would you like more detailed information on how to pursue a claim under these statutes?
- Florida Statutes § *.*: This statute addresses unfair or deceptive acts or practices in trade or commerce.
- Florida Statutes § *.*(*): Prohibits debt collectors from asserting a debt they know is not valid.
Would you like more detailed information on how to pursue a claim under these statutes?
how would this be laid out in a cross complaint.
To lay out these violations in a cross-complaint, follow this structure:
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Cross-Complaint Allegations
*. Misrepresentation to Bankruptcy Court:
- The Defendant (Owner of Note and ****rtgage) misrepresented to the bankruptcy court that they should receive the borrower's payments.
- The Defendant received the first payment from the bankruptcy court.
*. Failure to Notify Bankruptcy Court of Assignment:
- Thirteen days after receiving the first payment, the Defendant executed an allonge and assignment to another entity without notifying the bankruptcy court.
- The Defendant continued to collect payments for three years post-assignment.
*. Statutory Violations:
- Florida Statutes § *.*:
- The Defendant’s actions constitute unfair or deceptive acts or practices in trade or commerce.
- Florida Statutes § *.*(*):
- The Defendant knowingly asserted a debt they knew was not valid post-assignment.
*. Resulting Harm:
- As a direct result of the Defendant’s misrepresentations and failure to notify, the Plaintiff has suffered harm, including but not limited to:
- Wrongful collection of payments.
- Financiallosses due to the continued improper collection.
- Emotional distress caused by the uncertainty and improper handling of bankruptcy payments.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Reimbursement of all payments made post-assignment.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more specific guidance or examples to further detail this cross-complaint?
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Cross-Complaint Allegations
*. Misrepresentation to Bankruptcy Court:
- The Defendant (Owner of Note and ****rtgage) misrepresented to the bankruptcy court that they should receive the borrower's payments.
- The Defendant received the first payment from the bankruptcy court.
*. Failure to Notify Bankruptcy Court of Assignment:
- Thirteen days after receiving the first payment, the Defendant executed an allonge and assignment to another entity without notifying the bankruptcy court.
- The Defendant continued to collect payments for three years post-assignment.
*. Statutory Violations:
- Florida Statutes § *.*:
- The Defendant’s actions constitute unfair or deceptive acts or practices in trade or commerce.
- Florida Statutes § *.*(*):
- The Defendant knowingly asserted a debt they knew was not valid post-assignment.
*. Resulting Harm:
- As a direct result of the Defendant’s misrepresentations and failure to notify, the Plaintiff has suffered harm, including but not limited to:
- Wrongful collection of payments.
- Financiallosses due to the continued improper collection.
- Emotional distress caused by the uncertainty and improper handling of bankruptcy payments.
*. Relief Sought:
- The Plaintiff seeks the following remedies:
- Reimbursement of all payments made post-assignment.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more specific guidance or examples to further detail this cross-complaint?
give a summary of FL Stat *
Florida Statutes Chapter * deals with the assignment and satisfaction of mortgages. Here are the key points:
- §*.*: Addresses the requirement for mortgage assignments to be in writing and recorded.
- §*.*: Specifies that assignments must be recorded in the county where the property is located.
- §*.*: Requires lenders to provide a payoff statement within 14 days of a written request from the borrower.
Would you like more detailed information on any specific section of Chapter *?
- §*.*: Addresses the requirement for mortgage assignments to be in writing and recorded.
- §*.*: Specifies that assignments must be recorded in the county where the property is located.
- §*.*: Requires lenders to provide a payoff statement within 14 days of a written request from the borrower.
Would you like more detailed information on any specific section of Chapter *?
summary of Florida Statutes § *.*.
Florida Statutes § *.* pertains to the imposition of documentary stamp taxes:
- Applicability: Imposes taxes on documents that transfer interest in real property, including deeds and mortgages.
- Tax Rates: Specifies the tax rates applicable to different types of documents.
- Payment: Taxes must be paid to the state when the document is executed, delivered, or recorded.
- Penalties: Non-compliance can result in penalties, including fines and interest.
Would you like more detailed information on how to handle documentary stamp taxes in a specific situation?
- Applicability: Imposes taxes on documents that transfer interest in real property, including deeds and mortgages.
- Tax Rates: Specifies the tax rates applicable to different types of documents.
- Payment: Taxes must be paid to the state when the document is executed, delivered, or recorded.
- Penalties: Non-compliance can result in penalties, including fines and interest.
Would you like more detailed information on how to handle documentary stamp taxes in a specific situation?
would a lender, note holder or mortgage holder transferring interest to another company need to pay doc stamp taxes
Yes, in Florida, a lender, note holder, or mortgage holder transferring interest to another company generally needs to pay documentary stamp taxes. Key points:
- Florida Statutes § *.*: Requires documentary stamp taxes to be paid on documents that transfer interest in real property.
- Payment: The tax must be paid when the document is executed, delivered, or recorded.
Would you like more information on how to calculate or pay these taxes?
- Florida Statutes § *.*: Requires documentary stamp taxes to be paid on documents that transfer interest in real property.
- Payment: The tax must be paid when the document is executed, delivered, or recorded.
Would you like more information on how to calculate or pay these taxes?
how to insert this statute in cross claimFlorida Statutes Chapter *.
To insert Florida Statutes Chapter * into your cross-claim, you can use the following structure:
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Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by uncertainty and complications in mortgage processing.
- Potential wrongful foreclosure actions.
*. Relief Sought:
- The Plaintiff seeksthe following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a more detailed template or additional guidance on any specific section of Chapter *?
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by uncertainty and complications in mortgage processing.
- Potential wrongful foreclosure actions.
*. Relief Sought:
- The Plaintiff seeksthe following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like a more detailed template or additional guidance on any specific section of Chapter *?
Zoe
To further assist with your cross complaint, here's a detailed template for inserting Florida Statutes Chapter *:
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Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by uncertainty and complications in mortgage processing.
- Potential wrongful foreclosure actions.
*. Relief Sought:
- The Plaintiff seeksthe following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more detailed guidance on any specific aspect of this cross-complaint?
---
Cross-Complaint Allegations
*. Failure to Comply with Licensing Requirements (Florida Statutes Chapter *):
- The Defendant (****rtgage Servicer) failed to obtain the necessary licenses required under Florida Statutes Chapter * to conduct mortgage servicing activities in Florida.
- This includes violations of:
- Florida Statutes § *.*: Requires mortgage lenders to be licensed.
- Florida Statutes § *.*: Governs the licensure of mortgage lenders and servicers.
*. Statutory Violation:
- The Defendant's failure to comply with the licensure requirements constitutes a violation of Florida Statutes Chapter *.
*. Resulting Harm:
- As a direct result of the Defendant’s failure to comply with statutory requirements, the Plaintiff has suffered harm, including but not limited to:
- Financial losses due to improper handling of mortgage payments.
- Emotional distress caused by uncertainty and complications in mortgage processing.
- Potential wrongful foreclosure actions.
*. Relief Sought:
- The Plaintiff seeksthe following remedies:
- Dismissal of the foreclosure action against them.
- ****netary damages to compensate for financial losses and emotional distress.
- Any other relief the court deems appropriate.
---
Would you like more detailed guidance on any specific aspect of this cross-complaint?
What are the rules in Florida in filing a cross and counter claim in a foreclosure action
To file a cross-claim and counterclaim in a foreclosure action in Florida, follow these steps:
- Counterclaim: Respond to the foreclosure complaint, asserting your claims against the lender based on the same transaction (e.g., wrongful foreclosure, failure to credit payments).
- Cross-claim: File against any co-defendants involved in the same transaction (e.g., mortgage servicer, other parties involved).
Would you like more detailed guidance on the procedural steps or specific forms needed for filing these claims?
- Counterclaim: Respond to the foreclosure complaint, asserting your claims against the lender based on the same transaction (e.g., wrongful foreclosure, failure to credit payments).
- Cross-claim: File against any co-defendants involved in the same transaction (e.g., mortgage servicer, other parties involved).
Would you like more detailed guidance on the procedural steps or specific forms needed for filing these claims?
yes
To file a cross-claim and counterclaim in a foreclosure action in Florida, follow these steps:
*. Counterclaim:
- Respond to Complaint: Address the foreclosure complaint and assert your claims against the lender.
- Basis: Claims must arise from the same transaction (e.g., wrongful foreclosure, failure to credit payments).
*. Cross-claim:
- Identify Co-defendants: File against any co-defendants involved in the same transaction (e.g., mortgage servicer).
- Basis: Claims should relate to the same property or transaction.
Would you like a more detailed template for drafting these claims or information on the specific forms needed?
*. Counterclaim:
- Respond to Complaint: Address the foreclosure complaint and assert your claims against the lender.
- Basis: Claims must arise from the same transaction (e.g., wrongful foreclosure, failure to credit payments).
*. Cross-claim:
- Identify Co-defendants: File against any co-defendants involved in the same transaction (e.g., mortgage servicer).
- Basis: Claims should relate to the same property or transaction.
Would you like a more detailed template for drafting these claims or information on the specific forms needed?
can cross complaint and counter be filed after discovery
In Florida, you can file a cross-claim or counterclaim after discovery, but it may require the court's permission. Key points:
- Amendment: You may need to amend your pleadings to include the cross-claim or counterclaim.
- Court Approval: Generally, you must seek approval from the court to file after discovery.
- Rules: Refer to Florida Rules of Civil Procedure for specifics.
Would you like more details on how to seek court approval for filing these claims?
- Amendment: You may need to amend your pleadings to include the cross-claim or counterclaim.
- Court Approval: Generally, you must seek approval from the court to file after discovery.
- Rules: Refer to Florida Rules of Civil Procedure for specifics.
Would you like more details on how to seek court approval for filing these claims?
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