Defenses/Counterclaims to Florida Debt & Foreclosure Lawsuits

June 4, 2010

Individuals and companies sued in Florida on debts (real & fabricated) and delinquent mortgages are not without legal defenses or affirmative relief. Here is a checklist of some of the available legal principles:


  • Estoppel - Equitable, Promissory and Collateral.

  • The action is barred by the statute of limitations applicable to such actions.

  • This action is barred by the statute of frauds.

  • Unclean Hands.

  • Payment.

  • Fraud.

  • Right of Rescission.

  • The note is unenforceable under Florida law.

  • The Plaintiff did notify the Defendant of any assignment within thirty (30) days.

  • The Plaintiff is not the real party in interest herein and has no standing to make this claim against Defendant.

  • The Defendant herein did not contract with or agree to incur any debt to Plaintiff; therefore, Plaintiff does not have a legal claim against Defendant.

  • The Plaintiff did not purchase or otherwise come into legal possession of any account between the alleged creditor and Defendant.

  • Failure of Contractual condition precedent: no notice of default.

  • No HUD counseling notice.

  • Illegal charges added to balance.

  • Failure of good faith and fair dealing: unfair and unacceptable loan servicing.

  • Plaintiff has failed to provide servicing of this residential mortgage loan in accordance with the controlling servicing requirements prior to filing this foreclosure action.

  • Defendant has a right to receive foreclosure prevention loan servicing from the Plaintiff before the commencement or initiation of this foreclosure action.

  • Defendant is in doubt regarding his rights and status as a borrower under the National Housing Act and also under the Pooling and Servicing or trust agreement that controls and applies to the subject mortgage. Defendant is now subject to this foreclosure action by reason of the above described illegal acts and omissions of the Plaintiff.

  • Counter-Plaintiff is being denied and deprived by Counter-Defendant of their right to access the required troubled mortgage loan servicing imposed on the plaintiff and applicable to the subject mortgage loan by the National Housing Act and also under the Pooling and Servicing or trust Agreement that controls and applies to the subject mortgage. Counter-Plaintiff is being illegally subjected by the Counter-Defendant to this foreclosure action, being forced to defend the same and they are being charged illegal predatory court costs and related fees, and attorney fees. Counter-Plaintiff is having his/her credit slandered and negatively affected, all of which constitutes irreparable harm to them for the purpose of injunctive relief.

  • As a proximate result of the Counter-Defendant's unlawful actions set forth herein, Counter-Plaintiff continues to suffer the irreparable harm described above for which monetary compensation is inadequate.

  • Counter-Plaintiff has a right to access the foreclosure prevention servicing prescribed by the National Housing Act and under the Pooling and Servicing or trust Agreement that controls and applies to the subject which right is being denied to them by the Counter-Defendant. These wrongful and predatory acts committed by the Counter-Defendant, and/or through the Counter-Defendant's agents, employees or predecessor in interest were intentional and deceptive.

  • Counter-Plaintiff sues for violation of his rights under Sections 559.55-559.785 Florida Statutes, the Florida Consumer Protections Act.

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Contact us at 866-785-GALE or by email to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals - the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.