A Real Party in Interest in a foreclosure lawsuit

May 24, 2010
By David M. Goldman on May 24, 2010 2:45 PM |

Thumbnail image for foreclosure_sign_green_grass.jpgA real party in interest is the only person that has standing to bring a Florida Foreclosure Lawsuit. In order to be a real party in interest, the Plaintiff must be the owner of the Mortgage and the Note. Since mortgages are sold many times, it may be hard if not impossible for the lender to show the chain of title on your Mortgage and Note. If the lender is not the real party in interest or they cannot show documentation of the chain of title proving they are a real party in interest, their lawsuit can be defeated with a Motion to Dismiss.

To determine whether or not your lender is the real party in interest a homeowner may use Discovery and/or a Request for Production. Showing that the lender is not the real party in interest is one of the most common defenses used to successfully defeat a Florida Foreclosure Lawsuit. Discovery and Requests for Production are technical legal documents that usually require legal expertise to create.

If you have been served with a Florida Foreclosure Complaint and would like properly defend your rights contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer. They will help you properly file Discovery and Requests for Production. If the lender that is trying to foreclose on your home is not the real party in interest a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer will uncover this and help you defeat the lawsuit.