Commonly Asked Questions by Orlando Residents.
Typical affirmative defenses include duress, standing, payment, fraud, undue influence, and failure to provide notice as required under the mortgage. Others, however, include rescission, estoppel, unclean hands, and an inaccurate legal description in the mortgage (case law supports this).
If it is determined that the plaintiff did not fulfill its legal obligations when filing the lawsuit, the foreclosure action may be completely dismissed by filing a move to dismiss. In general, the court must hear the move to dismiss at the assigned hearing day and time.
There are various options for a homeowner in Florida to stay out of foreclosure. A homeowner can file for bankruptcy, work out a loan modification, restart the loan, get government help, or redeem their property before it is sold provided they move swiftly.
Renters must give at least ninety-day notice before being evicted. The buyer may file an application for writ of possession with the court if the tenant fails to depart the property within 90 days or if the former homeowner fails to leave the property after the foreclosure sale is verified.