sample foreclosure affirmative defenses florida sample foreclosure affirmative defenses florida

Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. Determine If Your Home Foreclosure is Eligible to be Defended. Adding Affirmative Defenses When Responding to a Foreclosure Summons Phone: (407) 476-4372 Orlando Foreclosure Attorney Orlando, Florida 32801 Foreclosure Attorney Michael Stites Speak to an Attorney: Relax. 3d 317, 319 (Fla. 4th DCA 2018) (Giving a notice of default is a condition precedent to foreclosure in most residential mortgages.). If either of these documents is not attached to the document, or if they are incomplete in any way, then the procedural rules have not been met. Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. See: Glazer v. Chase Home Finance, LLC, No. A bank seeking to foreclose a home in Florida must provide evidence that it owns or holds the promissory note and mortgage to prove standing. Because Florida's common law authorities have established that plaintiff's lack of standing is an affirmative defense, it stands to reason that a defendant faced with a civil action for mortgage foreclosure would have the burden to allege and prove the plaintiff's lack of standing. Stated differently, each monthly payment that the borrower fails to pay restarts the 5-year clock. For example, if a homeowner doesnt raise an affirmative in their answer and thereafter asserts it in response to a summary judgment motion brought by the bank then the homeowner may not be able to raise the defense at the hearing (however, a homeowner can always seek to amend their answer to raise an affirmative defense but dont wait until the hearing to do so). Homeowners may be able to successfully argue the bank is estopped from claiming a default on the mortgage if the homeowner can prove a violation of the rules governing mortgage loan servicing. Florida Bar No. Some of the common defenses used to fight foreclosure are described below. It is surprising how often lenders, with their staff of attorneys as well as outside counsel, have failed to file a proper pleading in a foreclosure lawsuit. 2d 596 (Fl. Unfortunately, many people lose their homes even after leaving a few thousand dollars behind on HOA assessments. Imagine then some random person you dont know walks up to you demanding the $20.00 that you owe your friend. 57.105 and the. Ct. App. Foreclosure Defense: Foreclosure Summary Judgment As we stated in Oakland Properties Corp. v. Hogan, 117 So. 14850 SW 26th Street, Suite 204. Empire State Legal Forms An affirmative defense in a civil lawsuit is a fact that defeats or mitigates the consequences of a charge. The general affirmative defenses in Fla. R. Civ. If the borrower can demonstrate that the home loan was based upon fraud on the part of the lender or its agents, then the foreclosure action should fail. Shahar, 125 So. The Plaintiff does not prove that it owns, holds, or has the right to enforce the mortgage. In Criminal and Civil law, an Affirmative defense is a fact or set of facts that if proven by the defendant, nullifies or mitigates the legal consequences of the defendant's otherwise unlawful conduct. All Rights Reserved. The original lender will usually have no problem proving standing. Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. The defendant can successfully defend against a foreclosure action with an unclean hands defense. However, borrowers usually default more than once. How can it help me stop foreclosure? We will present the elements of the actions; and suggest potentially successful defenses* to those actions. FAILURE TO COMPLY WITH APPLICABLE HUD SINGLE FAMILY DEFAULT LOAN SERVICES REQUIREMENTS/FAILURE TO COMPLY WITH CONDITIONS PRECEDENT: FAILURE OF GOOD FAITH AND FAIR DEALING: UNFAIR AND UNACCEPTABLE LOAN SERVICING, One affirmative defense we can use for when the lender lost the note (from our. 3d at 251. In the context of foreclosure, standing is used to argue the bank is not the proper plaintiff in the foreclosure case. the HOA failed to record the lien properly, or. In Florida, lack of standing is a common defense in a foreclosure lawsuit. Jallali v. Christiana Tr., 200 So. DEFENDANTS ROBERT V. OAKLEYS ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant, Robert V. Oakley, and for their Answer and Affirmative Defenses to plaintiffs Complaint, and in support thereof states the following: 1. A number of financial institutions, and the law firms that represented them, have been the subjected to civil penalties for their fraud against homeowners. Copyright 2023 AboutFloridaLaw.com. Kumar had not received payment from Nava and was not carrying insurance for the items being sold. InFlorida, residents who live in a planned development and who do not pay the required fees/assessments required by the HOA are exposed to the risk of home foreclosure. mjk funeral home obituaries; san jose state university graduate programs deadlines Men umschalten. Ct. App. Adding Affirmative Defenses When Responding to a Foreclosure Summons The general rule in equity is that all persons materially interested, either legally or beneficial, in the subject-matter of the suit, must be made parties either as complainants or defendants, so that a complete decree may be binding upon all parties. 1 ago. Mortgages are frequently sold and transferred to other financial institutions. 4 0 obj mortgage. Given the ready availability of foreclosure answer forms on the internet, it should be relatively simple for any homeowner to download foreclosure defense forms and thereby preserve their legal rights. See, Florida Rules of Procedure 1.115(e). Sample Affirmative Defenses and Counterclaim | PDF | Foreclosure 349070 The plaintiff must also demonstrate that it holds the note and mortgage at the time of the trial. 1995). Remember, with an answer you are simply admitting, denying, or stating you dont have enough information to admit or deny the allegations. Rashid v. Newberry Fed. 1640 (a) & (e), Fla Ch. Id. During the past several years, courts throughout the country have dismissed foreclosure cases where the foreclosing plaintiff has not been able to establish by submitting competent and admissible evidence that it actually owns the note that it is attempting to foreclose. 21st Mortg. You are saying since the lender did not include an endorsement from the original lender, they have not proven the debt is actually owed to them. Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. If the note does not name the plaintiff as the payee, the note must bear a special endorsement in favor of the plaintiff or a blank endorsement. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. Kumar Corp. v Norpal Lines, Ltd, et. All rights reserved. defending against Florida causes of action that we routinely litigate. By__________________________________________ 2. Lets say your friend lets you borrow $20.00. PLAINTIFF IS NOT THE REAL PARTY IN INTEREST. PDF Answer and Affirmative Defenses Sample - Courtroom5 15 U.S.C. 2013)(held that mortgage foreclosure is debt collection under the . Ch. Foreclosure Defense FAQs and Definitions | About Florida Law Workers Compensation Law & Construction Injuries, FAQs for Florida Ancillary Administration, Problems with Florida Summary Administrations, Amended Answer and Affirmative Defenses Foreclosure. Another collection of foreclosure defenses available to a borrower is determining whether or not there has been a legal default under the mortgage. Other states have similar notice requirements. What If The Bank Files A Procedurally Flawed Complaint? Defendant Answer to Complaint, Affirmative Defenses, and Counterclaims, U.S. Bank, National Association v. Dunn, Docket No. foreclosure costs, late charges, advances, and expenses incurred by the Plaintiff as a result of the default. The third category of foreclosure defenses is similar to the arguments against the legality of the default. The lender should not have the ability to foreclose. Florida law is constantlychanging. & Loan Assoc., 502 So. vs. The only evidence which purports to transfer any rights to the Mortgage and Note, is the endorsement listed on the copy of the note produced by Plaintiff. This entitlement to prosecute a claim in Florida courts rest exclusively in those persons granted by substantive law, the power to enforce the claim. He or she must do things that include: If these procedural requirements for service of process in a foreclosure lawsuit are not followed, then the defendant can move the court to quash the service and dismiss the entire case based upon defective or insufficient service of process. What Are Statutory Damages Under the FCCPA and the FDCPA? Lets say your friend signs a note that says this other guy can take the $20.00 payment on his behalf. Besides single-family homes, Florida condos are often the subject of foreclosure lawsuits. 1701), lenders are required to advise homeowners of loan counseling options offered by the U.S. Department of Housing and Urban Development (HUD). attached to plaintiffs complaint as Exhibits. Here is the outline of the 12 other affirmative defenses that were raised: One affirmative defense we can use for when the lender lost the note (from our second foreclosure example) may look like this: Referencing Previously Ruled Court Cases: The Rest of the First Affirmative Defense: Consults are free, even if you are asking general foreclosure questions. All other provisions ofFlorida Rule of Procedure 1.115must also be met, as the specific procedural rule governing mortgage foreclosures in Florida. The "show me the note" and "lack of standing" defenses are usually available only to property owners who both: (a) answer the foreclosure summons and complaint, and (b) assert the defenses in their responses as affirmative defenses. 846, 848 (Fla. 1928) (quoting Indian River Mfg. They should have an actual claim to the home they are trying to foreclose on. To begin, there is nothing attached to the Complaint which establishes that Plaintiff, WELLS BANKER, AS SUCCESSOR TRUSTEE UNDER SUPERSTAR MORTGAGE FUNDING TRUST, SERIES 2010-2, possessed the requisite legal standing at the inception of this foreclosure action. While the foreclosure is proceeding through the court system, the homeowner will have a right to raise legal defenses to the bank's foreclosure. Charles B. Jimerson Unclean hands is an equitable defense that may be used to prevent a bank from foreclosure. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Notably, financial institutions have also been proactive and creative in crafting legal arguments to overcome such affirmative defenses. Although the specific requirements vary in each loan agreement, lenders are usually required to provide borrowers with notice that they are behind in their loan payments, an opportunity to cure the default by making a payment or performing some sort of action within a stated period of time (usually not less than 30 days), and notice that if they do not cure the default in the stated period of time, the lender has the right to accelerate the loan. Answer & Affirmative Defenses - TO PLAINTIFF'S COMPLAINT/MARLON WALTERS and SHERRIE WALTERS November 20, 2014. We are going to use Example #2 where the lender is unable to produce the original promissory note, you can argue that the plaintiff (the party suing you) does not have any standing to foreclose because the plaintiff is not the real party of interest. A homeowner may also allege, as an affirmative defense to foreclosure, that any alleged assignment of the mortgage was cone without compliance with the mandatory notice provisions imposed upon lenders under federal law to effectuate an assignment of a residential mortgage. ecolife organic quick cook brown basmati rice, . Using Affirmative Defenses When Answering A Foreclosure Complaint Under the terms of HOEPA, if its provisions are not followed to the letter by the lender, then the borrower has a defense and has a right to rescind the loan. All foreclosures in Florida must be brought within five years from the date of default. Hertz Corp.v. FLORIDA AFFIRMATIVE DEFENSES 2022 5 DEFENSES ARE PERMITTED IN CERTAIN 1-3 PLEADINGS AND MOTIONS and adequacy of the grounds of his claim, both in Some of the applicable programs here include the Federal Truth In Lending (TILA), which allows for recission, as well as: Home Ownership Equity Protection Act (HOEPA): Here, if the first mortgage lien has a high interest rate (the threshold amount varies depending on the loan amount) then it is a high rate loan covered by HOEPA. This deadline is set in our statute of limitations.. Under contractual law, any ambiguities shall be construed against the drafter, which in this case would be an interpretation against the Plaintiff and in favor of the defendant. McLean v. JP Morgan Chase Bank Nat. SEVENTH AFFIRMATIVE DEFENSE Violation of Florida Consumer Collection Practices Act F.S. Ct. App. All forms are available in Word format. sample foreclosure affirmative defenses florida is without knowledge of the material allegations of, any other defendant and therefore the allegations are expressly, directly and, explicitly denied and strict proof is demanded, paragraph regarding Tenant #1, Tenant #2, Tenant #3 and Tenant #4 and, WHEREFORE, defendant prays that this Honorable Court dismiss this action in, toto ordering that plaintiff take nothing by this action; award Defendant costs and, reasonable attorney fees as provided by 15 U.S.C. Id. Another defense in foreclosure lawsuits is that the foreclosing plaintiff came to the court with unclean hands. First of all, as in any civil matter, the pleading rules of the Florida Rules of Procedure must be met. DISMISSAL OF COUNT TO REESTABLISH PROMISSORY NOTE. An indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that partys interest or the interests of another party in the action. Drafting an affirmative defense is a bit more complicated because you need to be very specific as to why they are wrong to try and foreclose on you. 731, 731 (Fla. 1904) (syllabus). Defendant, JOHN DOE, hereby respond to the allegations of the Compliant and state affirmatively: 1. Facsimile: (954) 455-9649 5. A good piece of advice if you are dealing with a foreclosure in Florida, is to speak with an experienced Florida real estate lawyer to learn about your rights, including learning if any of the above foreclosure defenses apply to your loan. 3d 1009, 1019 (Fla. 2016) ([W]ith each subsequent default, the statute of limitations runs from the date of each new default providing the mortgagee the right, but not the obligation, to accelerate all sums then due under the note and mortgage.). D.O. . 2d 721 (Fla. Dist. In addition to the above substantive categories of defense in a residential foreclosure, the defendant may find a successful argument against the banks attempt to foreclose on their home-based upon procedure and due process failures. 1957). Accordingly, lenders should avoid unscrupulous practices, overreaching, concealment, trickery, or other unconscientious conduct.. However, proving fraud is not easy to do because the elements of fraud must be proven with particularity. PLANTIFF DOES NOT HAVE STANDING PLAINTIFF IS NOT REAL PARTY IN INTEREST: 2. 2d 717, 720 (Fla. 1956). Otherwise, the court might decide the charges are not valid. 2100 East Hallandale Beach Blvd./Suite 200 You can further use this situation to your advantage by further arguing it in your affirmative defenses. If the mortgage has changed hands between financial institutions (one bank sells the loan to another), then there needs to be proper corresponding assignments of the mortgage and endorsements to the note (or the Allonge). 3d 149, 152 (Fla. 4th DCA 2016) (dismissing foreclosure lawsuit for lack of standing because assignment of the mortgage took place after the foreclosure lawsuit was filed). If the bank fails to meet that legal notice requirement, then the defendant can request that the foreclosure action be dismissed. This is some of the paperwork they are referring to. 3. COMPANY, AS TRUSTEE FOR MORGAN CASE NO: 07-xxxx-CA Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. In Florida, any HOA that fails to comply with the state statutory requirements regarding foreclosure may not be successful in its attempt to attach a lien and enforce foreclosure against an individuals property. Affirmative Defenses HOA Foreclosure Florida: The Full Guide - LinkedIn ([T]he statute of limitations on the balance under the note and mortgage would not continue to run after an involuntary dismissal, and thus the mortgagee would not be barred by the statute of limitations from filing a successive foreclosure action premised on a separate and distinct default.). The Plaintiffs unclean hands result from the intentional failure to comply with material terms of the mortgage and note. Some of the common defenses to foreclosure include: lack of standing; failure to provide required notice of default; statute of limitations; and unclean hands. 1971). Under Florida law, a homeowner's answer to a foreclosure complaint may include the affirmative defense that the plaintiff lacks legal standing to obtain a judgment of foreclosure. Roberts v. Roberts, 84 So. Plaintiff, UnderRule 1.070 of the Florida Rules of Civil Procedure, the bank has 120 days to serve the borrower with a summons, and the time begins to run on the date that the lawsuit was filed with the clerks office. F.S. FAILURE TO FILE NON-RESIDENT COST BOND IN COMPLIANCE WITH FLORIDA STATUTE 57.011: 4. Therefore, we strongly recommend talking with a Florida real estate lawyer to learn your rights. Defendant is without knowledge as to the recording information, proof is demanded thereon. The clear language in the mortgage names MERS as a mortgagee; this would, at the very least, create and ambiguity pertaining to a material fact upon which Plaintiffs claim is based. Typically you will reference previously ruled court cases to help your defense. This condition is commonly found in the 22nd paragraph of the mortgage. CONTACT Tell Our Attorneys What Happened Open M - F 9am to 5pm Orlando FL, 32801 HOME If you write that 50% of all homes in Florida are in foreclosure, readers would want to know where you got that number from. Reply - TO AMENDED AFFIRMATIVE DEFENSES AND MOTION TO STRIKEParty Ocwen Filing Bad Foreclosure Lawsuits: Is Ocwen Servicing Your Mortgage? If an individual has evidence that an HOA has improperly calculated the assessments and files for justice in court, the HOA has the burden to show how all amounts were calculated (assessments, late fees, interest, fines, etc.). Assn v. J.P. Morgan Mortg. In case an HOA prematurely starts a foreclosure, the affected party can raise the failure to comply with state statutory requirements as a defense in court. FAILURE TO SATISFY CONDITIONS PRECEDENT. 3d 294, 295 (Fla. 5th DCA 2017) (Unclean hands may be asserted as an affirmative defense to a mortgage foreclosure action.). Loan Tr. Based on this, a lender, or the holder of the note and mortgage, must bring its foreclosure lawsuit within five years from the date of default. PNC Bank, Natl Assn v. Smith, 225 So. So how does Kumar Corp. V Nopal Lines help our case? 1957). For more, readOcwen Filing Bad Foreclosure Lawsuits: Is Ocwen Servicing Your Mortgage? 2d 1316 (Fla. Dist. Today, many foreclosures are commenced not by original lenders, but instead by entities who were allegedly assigned the mortgage, typically after multiple, prior transfers. Bartram v. U.S. Bank Nat. April 18, 2013 Foreclosure Answer and Affirmative Defenses | PDF - Scribd Plaintiff should have included a count to reform the mortgage, to help explain these material ambiguities, which would have in turn, created a more definite statement. Luckily for lenders, the five year timeline starts for each separate and distinct default. 2d 297, 299 (Fla. 3d DCA 1982)(An indispensable party [is] one without whom the rights of others cannot be determined.). FOR COLLIER COUNTY, FLORIDA, DEUTSCHE BANK NATIONAL TRUST Do Not Sell or Share My Personal Information, Common Defenses Used to Fight a Home Foreclosure in Florida, New Florida Law That Can Help You Get A Hardship License Without An Administrative Hearing, Do Not Sell or Share My Personal Information. Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." PDF Chapter 1 Foundations for Legal and Affirmative Defenses Failure to bring a foreclosure lawsuit within 5 years from the date of default will result in dismissal. ("FDCPA") and Florida Consumer Collections Practices Act ("FCCPA"). In order to establish unclean hands, the homeowner must show either a fraudulent or illegal transaction or any unrighteous, unconscious, or oppressive conduct by the party seeking foreclosure. 10-81612-CV-HURLEY/HOPKINS JONATHAN E. PERLMAN, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant. al.. x%9)&s`]_g=^,zjlguDQ$EOo{miog{?/ooO])k[P*%t{%kX?gd7q?~MmW?l{,?g9gAr-~G~?m-?U~i{mgoKWr:enX>Z3d.1,o/6(K[)+dn~c=tmYlO)n~\5+&96iY#go{,pXj9kYZo}{vy%C}ZD}txopv R2R2i3Fox{`Cg?}=#%L|=~_kmL~zkKYcou2trijln5Yi:&.};j{nO\h5:tg23d>IP%*vBx. Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. Affirmative Defenses to Foreclosure Based on Noncompliance with Notice Requirements: If the homeowner can successfully raise doubts as to the bank's standing they may prevail in the foreclosure case. Also, the HOA needs to demonstrate that all values are correct and have ground provided by the CC&Rs. denied and strict proof is demanded thereon. On or about August 21, 2000, DEFENDANTS INTERNATIONAL COLLECTION . The notice required under this statute must be sent to the homeowner within 30 days of the assignment. The person who serves the borrower is called the process server.. Foreclosure cases in Florida are heard in courts of equity. on the note and mortgage, interest from June 1, 2010, late charges, all costs of, collection including title search expenses for ascertaining necessary parties to, this actions, unpaid taxes, insurance premiums, accumulated late charges and, foreclosure of the mortgage have been performed or have occurred and, therefore the allegations are expressly, directly and explicitly denied and, regarding plaintiffs obligations concerning its attorney fees and therefore the, demanded thereon. For instance, there is a 30-day notice of default that must be given before the bank starts the foreclosure process. . The header is numbered and used to state the first defense and helps keep track of each affirmative defense. This is where your affirmative defense comes in. 3. 1692(e)(5), (e)(10). However, be aware there are issues related to this 5-year statute of limitations, like the one raised in the Bartram case. Kumar Corp. v Nopal Lines, Ltd was a court case that was ruled in back in 1985. To succeed on this defense, the borrower must show that it relied on the plaintiffs misconduct, and suffered an injury. Since Kumar did not have insurance they were deemed the insurer. Sackrin & Tolchinsky, P.A. Liberty Home Equity Sols., Inc. v. Raulston, 206 So. alan@hallandalelaw.com 1. Telephone: (954) 455-0800 In this article, we provide a guide on how to defend against HOA foreclosure in Florida. 2023 Empire State Legal Forms, Inc. - All Rights Reserved. The notice to the homeowner must indicate the action required to cure the default and provide at least 30 days to cure the default before the bank can initiate foreclosure. PDF Meghan Serrano - Shumaker, Loop & Kendrick, LLP 1. This means that a lender must file a foreclosure complaint with the court, and the borrower will be given an opportunity to file defenses to stop the foreclosure. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique. The Inescapable Duty to Prove and Disprove Standing - The Florida Bar UIC Law Open Access Repository 3d 170, 173 (Fla. 4th DCA 2012). They used a transport company (Nopal) to transport the TV sets and parts to Venezuela. 713, has a lien on the improved real property for any money that is owed to . If the bank files the foreclosure lawsuit after five years have passed, then the borrower can assert a limitations defense asking that the case be dismissed as a matter of law. For an overview of the mortgage foreclosure process, see 2 Florida Real Estate Transactions 32.80. 2605. 00-6872-CIV-FERGUSON/SNOW [PLAINTIFF], . Many state legislatures have enacted mandatory notice requirements that lenders are required to follow prior to commencing a mortgage foreclosure proceeding. CASE NUMBER: 13CA012000 DIVISION: X DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant Jane Doe (hereinafter "Defendant") file her answer and . The note which was attached to the original Complaint shows the Note being endorsed from the Original Lender to a SuperStar Mortgage Inc. entirety and strict proof is demanded thereon. Plaintiff intentionally failed to act in good faith or to deal fairly with Defendants by failing to follow the applicable standards of residential single family mortgage lending and servicing as described in these Affirmative Defenses thereby denying Defendants access to the residential mortgage lending and servicing protocols applicable to the subject note and mortgage. Standing is important because it is what the lender should have in order to foreclose. DEFENDANT'S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE AND DEFENDANT'S COUNTERCLAIMS AND ADDITIONAL PARTY CLAIMS The Defendant, by and through her undersigned counsel hereby files this Amended Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of The server must initial the copies given (served) to the borrower. Notice of default has to be given long before the lawsuit is filed. his entitlement to prosecute a claim in Florida courts rest exclusively in those persons granted by substantive law, the power to enforce the claim. This is an affirmative duty imposed on mortgage lenders, the homeowner does not have to request this information in order for it to be a requirement imposed on lenders. 3d 251, 253 (Fla. 4th DCA 2013). that are jointly owned and maintained by the communitys homeowners, who are responsible for all associated costs. All initial consultations are completely free and we can contact the same or following business day. This is a collection of 22 possible affirmative defenses that may be used to defend a foreclosure action. Sign up for our complimentary monthly newsletter and receive practical tips and information regarding developments in the fast-paced world of real estate law. Access from your Country was disabled by the administrator. 3 Types of Foreclosure DefensesIn Florida, 10 Reasons To Survey Your Property In Florida. 40 In fact, the Florida Supreme Court has held the . Admit that it is an action to foreclose property in Marion County, Florida. If you found this information helpful, please share this article and bookmark it for your future reference. When you hire a foreclosure attorney they usually explain that there is a bunch of paper work that needs to be drafted and filed immediately.