Search Site
Menu
Motion to Compel Mediation2

Motion to Compel Mediation – Singular

IN THE CIRCUIT COURT OF THE ____________JUDICIAL CIRCUIT

IN AND FOR_________COUNTY, FLORIDA CIVIL ACTION_________________________________________,

Plaintiff,

 

vs._________________________________________ CASE NO:  ____________________,

Defendants.

___________________________________________

MOTION TO COMPEL MEDIATION

DEFENDANT,_____________________________by and through his undersigned attorney and moves this Honorable Court for an Order compelling mediation and as grounds therefore states as follows:

1. This is an action involving a mortgage foreclosure in which the DEFENDANT has attempted, in good faith, to resolve issues with the PLAINTIFF.
2. The DEFENDANT is willing to convey title to the property to the PLAINTIFF to avoid foreclosure as more fully set forth in the Affirmative Defenses filed in this action by the DEFENDANT.
3. The DEFENDANT has made good faith efforts to initiate direct contact with the PLAINTIFF in order to expedite this case, all such efforts without prejudice to the PLAINTIFF, in an attempt to resolve the disputes arising out of the mortgage foreclosure, but the DEFENDANT has not received a satisfactory response from PLAINTIFF or no response at all.
4. DEFENDANT further represents to both this Court and opposing counsel that the 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:

a. Reinstatement of the mortgage and an agreement for payment of past due mortgage payments on amounts structured to meet the DEFENDANT’S income level.

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 further judicial labor.

WHEREFORE Defendant demands early mediation between the Plaintiff and Defendant to resolve the existing dispute that exists in the case.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing was furnished via facsimile _____________________and Regular U.S. Mail this ____ day of __________, 2009 to ___________________________________________________________.

LAW OFFICE OF KEVIN F. JURSINSKI, P.A.
15701 S. Tamiami Trail
Fort Myers, Florida 33908
239.337.1147
By: ______________________________
Kevin F. Jursinski, Esquire
Florida Bar Number 318851
Kevin F. Jursinski, B.C.S. Attorney Photo
Kevin F. Jursinski, B.C.S.
Principal Attorney

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.

Kara Jursinski Murphy, LL.M., B.C.S. Attorney Photo
Kara Jursinski Murphy, LL.M., B.C.S.
Partner

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... 

Michelle "Micki" Hurvitz, Esq. Attorney Photo
Michelle "Micki" Hurvitz, Esq.
Associate Attorney

Associate Attorney, Michelle “Micki” Hurvitz, practices in the areas of Real Estate Litigation and Business Litigation.

William  R.  Murphy, Esq. Attorney Photo
William R. Murphy, Esq.
Associate Attorney

William Ryan Murphy focuses his practice in the areas of Real Estate, Business and Construction Law.

testimonials
  • 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

    Disclaimer as per, Florida Bar Rule 4-7.13 (b)(8): Testimonials are the actual experience of real clients, but prospective clients may not obtain the same or similar results.

    See All Testimonials
  • 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

    Disclaimer as per, Florida Bar Rule 4-7.13 (b)(8): Testimonials are the actual experience of real clients, but prospective clients may not obtain the same or similar results.

    See All Testimonials
  • 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

    Disclaimer as per, Florida Bar Rule 4-7.13 (b)(8): Testimonials are the actual experience of real clients, but prospective clients may not obtain the same or similar results.

    See All Testimonials
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
in the news
  • Why are contractors leaving customers hung out to dry?

    NBC-2/WBBH, August 23, 2018

    It’s by far the biggest complaint that comes to the NBC2 Investigators: Contractors accused of taking money, but not finishing the job.

    That's why the NBC2 Investigators decided to bring together a group of viewers who say they are victims, and take their complaints to those we trust...

    Read More
  • Collapsed Fort Myers Apartment Stairwell Brings Up Safety Concerns

    HelloSWFL.com, July 9, 2018

    A stairwell at the Sunrise Towers Apartment Complex completely collapsed over the weekend.

    No one’s really sure how it happened, but city code officials decided two other stairwells in the complex were also dangerous...

    Read More
  • Judge favors city on parking credits for Olde Naples Building

    NBC-2/WBBH, June 27, 2018

    The judge concluded that the planning director was following city code, and that a proposal by Neapolitan Enterprises wouldn't be practical

    A nearly eight-year-long argument over parking in Naples has finally concluded. The fight centered ...

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact us

Important Notice and Disclosure. While we welcome inquiries about potential representation, please do not send any confidential information about any matter before we agree to represent you in that matter or we request information. Pursuant to Opinion 07-3, dated January 16, 2009, any information sent to us unilaterally may not be treated as confidential information and, depending on the circumstances, could be used against the person sending the information. Accordingly, before sending any confidential information to us, please contact us so that we may determine if we have any conflicts of interest and if we are otherwise able to represent you.

Quick Contact Form

Please fill out form below and one of our attorneys will contact you.