Archive for March 27th, 2013

Objecting to Ex Parte Orders Substituting Party Plaintiffs

I just had a hearing where a judge who is new to the foreclosure bench (having just transferred in January, 2013) was surprised to see my firm’s objection to a foreclosure plaintiff’s ex parte motion to substitute party plaintiff.  The judge wasn’t critical, but sincerely wanted to understand the basis of our position, apparently not having seen this argument previously.

Really?  Has the foreclosure defense industry rolled over on plaintiffs’ ex parte motions to substitute party plaintiff?  Is nobody opposing these motions?  How can a judge who sincerely cares and wants to follow the law not have heard any homeowners or their counsel argue this issue previously?  After all, there are many reasons to object to  ex parte orders substituting party plaintiffs in foreclosure cases.

Take these arguments.  Steal them.  Use them in your foreclosure cases.  I don’t want to be the only one making these arguments – I want the judges before whom I appear to be familiar with these arguments because homeowners throughout Florida raise them.

Like most arguments in foreclosure cases, I don’t expect these arguments to work every time or with every judge.  But I truly believe there are legitimate reasons to object to ex parte motions to substitute party plaintiff, and I’d love to see more consumers arguing such.

Mark Stopa

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