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Responding to Foreclosure Summary Judgment in Florida

Facing a motion for summary judgment in foreclosure in Florida is critical—you have 20 days from service to respond (Fla. R. Civ. P. 1.510). Failure = likely loss of home. This is not legal advice; hire a Florida foreclosure defense attorney immediately.

Step-by-Step Response Framework

Read the Motion & Evidence – Note every fact asserted, affidavit, note, mortgage, assignment, payment history, default letter.
Identify Genuine Disputes of Material Fact – Summary judgment only granted if NO genuine issue of material fact exists. Look for:
- Standing: Was plaintiff holder of note at filing? Endorsements/assignments valid? Blank vs. special endorsement issues.
- Conditions Precedent: Was Notice of Default / Acceleration sent per mortgage para. 22? (Strict compliance required).
- Payment Disputes: Misapplied payments, force-placed insurance, escrow errors, HAMP/Trial Mod denials.
- Procedural Defects: Service of process, verification of pleadings (Fla. Stat. 702.015), lost note affidavit (Fla. Stat. 673.3091).
- Statute of Limitations: 5 years from acceleration (Bartram rule: each missed payment = new acceleration? Complex).
- Unclean Hands / Fraud: Robo-signing, fabricated docs, servicer misconduct.
File Opposition to Motion for Summary Judgment:
- Legal memorandum citing FL statutes, case law (Bartram, Roman, Higgins, Deutsche Bank v. Beauvais).
- Your Affidavit (personal knowledge, specific facts contradicting plaintiff).
- Exhibits: payment records, correspondence, servicer errors, appraisal.
- Statement of Material Facts (numbered paragraphs) disputing plaintiff's SMF.
Set for Hearing – Notice hearing per local rules (usually 30+ days out).
Attend Hearing – Oral argument critical. Judge decides if trial needed.