IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT
IN AND FOR ________COUNTY, FLORIDA CIVIL ACTION_________________________________________,
vs. ________________________________________ CASE NO: ______________________,
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:
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.
Kevin F. Jursinski is recognized by the objective rating services of Martindale Hubbell as one of Southwest Florida's premier attorneys. He has concentrated more than 35 years of practice in the area of real estate, business and construction law in Naples and Fort Myers.
Firm Partner, Kara Jursinski Murphy, focuses her area of practice on Real Estate Litigation, Business Litigation and Real Estate and Business Transactional Law. Kara has earned the highly-esteemed designation of Board Certified Specialist (B.C.S.) and Expert in Real Estate by the Florida Bar. This certification recognizes attorneys who have special knowledge, skills and proficiency in various areas of law, including Real Estate, and professionalism and ethics in practice...
Associate Attorney, Michelle “Micki” Hurvitz, practices in the areas of Real Estate Litigation and Business Litigation.
William Ryan Murphy focuses his practice in the areas of Real Estate, Business and Construction Law.
My sister and I did a long distance purchase of a condo in Florida in June 2018 and we used the KFJLaw office to handle the details. From the first phone call to picking up the keys, their staff were always friendly and helpful.- Julie
Kevin and his associate Janine Decker did a great job in helping me close a property in SWFL. They were always available to answer my questions. I definitely recommend them.- Katherine
Kevin was my Attorney when I lived in Fort Myers and even after I moved To Denver he wrapped up my Florida deals with extreme professionalism. I am glad to see he is still doing the outstanding job he has always done.- David
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