Motion to Compel Mediation - Homestead - Singular
IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT
IN AND FOR ________COUNTY, FLORIDA CIVIL ACTION_________________________________________,
vs. ________________________________________ CASE NO: ______________________,
(Defendant’s Primary Residence/Homestead)
DEFENDANT _______________________ by and through his undersigned attorney and moves this Honorable Court for an Order compelling mediation of this foreclosure action as it relates to DEFENDANT’S primary residence/homestead and as grounds therefore states as follows:
1. The DEFENDANT is the borrowers/mortgagors in the above captioned case.
2. The subject real property secured by the mortgage in this case is the DEFENDANT’S primary residence and as such, DEFENDANT is highly motivated to resolve and address this issue.
3. The DEFENDANT has made good faith efforts to initiate direct contact with the PLAINTIFF in order to expedite this case and all such efforts have been made without prejudice to the PLAINTIFF, in an attempt to resolve the disputes arising out of the mortgage foreclosure, but DEFENDANT has received no satisfactory response from PLAINTIFF or no response at all.
4. DEFENDANT further represent to both this Court and opposing counsel that DEFENDANT is willing to engage in mediation to address the mortgage foreclosure action and resolve it on grounds which will be acceptable by PLAINTIFF and DEFENDANT which include, but may not be limited to the following:
b. Modification of the mortgage and potential reduction of the mortgage.
c. Reduction of the principal balance to 90% of the current fair market value of the property.
d. Reduction in the interest rate.
e. Agreement to allow a short sale on the property with release of mortgage and retention of liability against DEFENDANT.
f. Short sale of the property with release of mortgage and with waiver of liability for any deficiency as against the DEFENDANT.
g. Stipulation as to entry of agreed upon foreclosure judgment with the retention of liability for deficiency against the DEFENDANT.
h. Stipulation of entry of judgment of foreclosure with a waiver of liability against DEFENDANT for any deficiency.
i. Stipulation for obtainment of deed to the property and release of the mortgagor.
j. Stipulation in regard to acceptance of deed to the property by PLAINTIFF and an agreed upon and adjusted payment for any deficiency in a lump sum payment.
k. Promissory Note in lieu of cash payment for settlement of the deficiency amount.
5. The DEFENDANT believes that mediation will resolve the PLAINTIFF’S claims, the DEFENDANT’S defenses and further eliminate this case as a pending case on the Court Docket from a standpoint of further motion practice or hearings.
6. DEFENDANT represents to this Court that the DEFENDANT is not imposing this motion to delay or in any way prejudice the PLAINTIFF, but in fact a way to expedite this proceeding with a direct benefit to both the PLAINTIFF and DEFENDANT in this action, as well as to relieve the Court System of future judicial labor.
WHEREFORE DEFENDANT demands early mediation between the PLAINTIFF and DEFENDANT to resolve the existing dispute that exists in the case.
I HEREBY CERTIFY a true and correct copy of the foregoing was furnished via Facsimile ________________ and Regular U.S. Mail to ___________________ this ____ day of __________, 200__.
LAW OFFICE OF KEVIN F. JURSINSKI, P.A.
Fort Myers, Florida 33908