TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS

THANK YOU FLORIDA DEFENSE TEAM!!!

TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS

Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file a Non Resident Cost Bond (FS 57.011) gives them 20 days to do so. Plaintiffs attorneys no doubt will become a surety on behalf of there client. Sun Tzu says not so fast. Obtain a copy of the cost bond and file motion for sanctions: Under Florida law an attorney cannot become a surety on any bond of his client in any judicial proceeding. Section 454.20, Florida Statutes; Rule 2.060(f), Florida Rules of Judicial Administration. For good measure here is the Florida Bar ethics opinion:

 Link to : Florida Bar

Here is the State Law (Florida) on Trusts:
(State law requires trust companies to register, maintain notice of offices and officers, pay registration fees and make deposits of funds in proportion to the volume of trust business in the state.

Link: Law Office of Matt Weidner Some good stuff BUT we disagree HAMP and so called “Loan Mod” is the answer…loan mod is a farce.

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