A “motion” is a written request to the judge that asks for a ruling on some issue in the case. Or you can use them to resolve some specific issue before trial.ĭuring a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion.
You can use motions to try to resolve the case completely.
#FLORIDA MOTION TO COMPEL FORM HOW TO#
WHEREFORE Defendant demands early mediation between the Plaintiff and Defendant to resolve the existing dispute that exists in the case.Learn how to file a “motion” (a written request for some type of relief) to get your case – or part of your case - in front of the judge for a decision. DEFENDANT represents to this Court that the DEFENDANT is not imposing this motion to delay or in any way prejudice the PLAINTIFF, but in fact a way to expedite this proceeding with a direct benefit to both the PLAINTIFF and DEFENDANT in this action, as well as to relieve the Court System of further judicial labor. The DEFENDANT believes that mediation will resolve the PLAINTIFF’S claims, the DEFENDANT’S defenses and further eliminate this case as a pending case on the Court Docket from a standpoint of further motion practice or hearings.Ħ.
Promissory Note in lieu of cash payment for settlement of the deficiency amount.ĥ. Stipulation in regard to acceptance of deed to the property by PLAINTIFF and an agreed upon and adjusted payment for any deficiency in a lump sum payment. Stipulation for obtainment of deed to the property and release of the mortgagor. Stipulation of entry of judgment of foreclosure with a waiver of liability against DEFENDANT for any deficiency. Stipulation as to entry of agreed upon foreclosure judgment with the retention of liability for deficiency against the DEFENDANT.
Short sale of the property with release of mortgage and with waiver of liability for any deficiency as against the DEFENDANT. Agreement to allow a short sale on the property with release of mortgage and retention of liability against DEFENDANT.į. Reduction of the principal balance to 90% of the current fair market value of the property.Į. Modification of the mortgage and potential reduction of the mortgage.Ĭ. Reinstatement of the mortgage and an agreement for payment of past due mortgage payments on amounts structured to meet the DEFENDANT’S income level.ī. DEFENDANT further represents to both this Court and opposing counsel that the DEFENDANT is willing to engage in mediation to address the mortgage foreclosure action and resolve it on grounds which will be acceptable by PLAINTIFF and DEFENDANT which include, but may not be limited to the following:Ī. The DEFENDANT has made good faith efforts to initiate direct contact with the PLAINTIFF in order to expedite this case, all such efforts without prejudice to the PLAINTIFF, in an attempt to resolve the disputes arising out of the mortgage foreclosure, but the DEFENDANT has not received a satisfactory response from PLAINTIFF or no response at all.Ĥ. The DEFENDANT is willing to convey title to the property to the PLAINTIFF to avoid foreclosure as more fully set forth in the Affirmative Defenses filed in this action by the DEFENDANT.ģ. This is an action involving a mortgage foreclosure in which the DEFENDANT has attempted, in good faith, to resolve issues with the PLAINTIFF.Ģ. DEFENDANT,_by and through his undersigned attorney and moves this Honorable Court for an Order compelling mediation and as grounds therefore states as follows:ġ.
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