November 2, 2018
Yesterday, a Florida Circuit Court Judge denied a Motion to Strike the borrowers’ affirmative defenses involving issues of challenges to the authority and authenticity of claimed “endorsements” and an Allonge, and defenses relating to paydown or payoff of the loan upon sale to the securitization Trust in addition to standing defenses. Jeff Barnes, Esq. represents the borrowers.
Plaintiff’s counsel took the position that because Plaintiff “has the Note” and since the Complaint was verified, everything in the Complaint had been proven true for purposes of negating the borrowers’ affirmative defenses. The Judge disagreed, finding that there are factual issues in the defenses which are properly explored in discovery, and in view of Florida’s case law which disfavors striking affirmative defenses which are “fact-laden”.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com