Foreclosure Defense Dismissal Guide

Hey ****! Foreclosure can be pretty stressful. Are you looking for information on how to stop or delay the foreclosure process, or do you need guidance on your rights during foreclosure in Florida?

****, it sounds like you have a strong defense! In Florida, if you have proof of all payments, you can file a counterclaim and request:
- Dismissal of foreclosure with prejudice
- Removal of all liens and claims on the property
Have you already filed your counterclaim, or are you looking for guidance on how to do that?

****, here's a general template you can use for your request for dismissal with prejudice in your counterclaim:
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Defendant's Motion for Dismissal with Prejudice
IN THE [Name of Court] COURT OF [County], FLORIDA
CASE NO.: [Your Case Number]
[Your Name],
Defendant,
v.
[Plaintiff's Name],
Plaintiff.
DEFENDANT'S MOTION TO DISMISS WITH PREJUDICE
COMES NOW, the Defendant, [Your Name], and respectfully requests this Honorable Court to dismiss the foreclosure action with prejudice. In support of this motion, Defendant states:
*. The Plaintiff has alleged that the Defendant is in default due to non-payment.
*. The Defendant has proof of ALL payments made to the Plaintiff.
*. The allegations made by the Plaintiff are therefore baseless and without merit.
WHEREFORE, the Defendant respectfully requests that this Court dismiss the foreclosure action with prejudice and order the removal of all liens and claims to the subject real property held by Plaintiff, Plaintiff’s predecessors and successors, or any other entity claiming an interest in the property.
Respectfully submitted,
[Your Name][Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
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Be sure to customize it with your specific details. It may also be beneficial to consult a lawyer to ensure all legal requirements are met. Good luck!