Default by Lender not Responding to Borrower's Affidavit

[bailtrans]

Jurisdiction

Florida

Is it possible for a bank (Lender) to default in a foreclosure case by not responding to the Borrower's Affidavit requesting the Lender tomake full disclosure under The Truth In Lending Act 15 U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 the requirement of a lender to respond and act to a borrower's request for disclosure and information regarding a purported debt.

On what grounds and what law give a judge the right to strike a defendant's Affidavit from the court records and the Official Court Records. Is there a time limit if the paperwork has been filed for more than 30 days into the court and official records that prevents this action?

When you do a Motion to Intervene challenging the constitutionality of a state statutes, who all must be served with paperwork?

When you submit a Motion to Intervene with a Constitutional question challenging the constitutionality of state statues, state rules of civil procedures or city and county ordinances, who are to be served besides the state Atty General and the Atty for the plaintiff? Also once the papers are served properly, can the court proceed with the case in question before the Atty General has made a determination to intervene or chooses not to?


(From a mod: Stop opening new threads. Confine your questions to this thread only. Thank you!!!!)

 

[adjusterjack]

Florida foreclosure's are judicial which means they are lawsuits.

If you didn't respond properly to the foreclosure and request discovery properly as with any lawsuit, then your "affidavit" is worthless, the lender is not in default, and the foreclosure proceeds inexorably.

So, now, exactly how did you respond to the lawsuit when you were served the foreclosure complaint?

 

[army judge]

On what grounds and what law give a judge the right to strike a defendant's Affidavit from the court records and the Official Court Records. Is there a time limit if the paperwork has been filed for more than 30 days into the court and official records that prevents this action?

There are many reasons a judge can case filings, pleadings, answers, motions, etc... to be quashed. Most of which have to do with the powers given to judges by statue. Some are related to the various rules related to civil and criminal procedure, and the attendant trials, as in civil or criminal.

There are certain appellate rules that can sometimes overturn such negative rulings.

Tell us more about what is irking you, maybe we can offer answers with more specificity to your case.

 

[army judge]

Is it possible for a bank (Lender) to default in a foreclosure case by not responding to the Borrower's Affidavit requesting the Lender tomake full disclosure under The Truth In Lending Act 15 U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 the requirement of a lender to respond and act to a borrower's request for disclosure and information regarding a purported debt.

Florida legislators closed those loopholes.
That technique was very useful about 5-10 years ago.
These days, it rarely works.
If you're behind on the note, with foreclosure staring you in the face, you can try to use "the deed in lieu", lieu being cash to entice you not to fight.
Or, you can cure the default by coughing up the amounts owed.

 

[army judge]

When you submit a Motion to Intervene with a Constitutional question challenging the constitutionality of state statues, state rules of civil procedures or city and county ordinances, who are to be served besides the state Atty General and the Atty for the plaintiff?

If you wish to litigate a constitutional question, you can't do that in a state court.

Constitutional questions must be resolved by the appropriate federal district court.

Also once the papers are served properly, can the court proceed with the case in question before the Atty General has made a determination to intervene or chooses not to?

A state or federal attorney general can't intervene in a constitutional challenge, except to defend the state or federal government, as respects the entity for which she serves.

You don't SERVE anyone specifically.

You file a federal lawsuit, and the agency or official you are suing is served as a party to the lawsuit.

This is a doomed strategy subject to failure in a foreclosure action.

It can also get you sanctioned for wasting a federal judge's resources and time.

A lawsuit such as this would be seen as frivolous litigation.


Constitutional questions must be resolved by the appropriate federal district court.