Florida Foreclosure Process – Motions for More Definite Statements

What is a Motion for More Definite Statement and When Can it Appear in the Florida Foreclosure Process?

A motion for more definite statement can sometimes be utilized as an initial response to a foreclosure complaint.  As discussed in our previous blog post regarding initial foreclosure responses in the Foreclosure process in Florida, there are a variety of responses available to attorneys when confronted with a complaint.  The Florida rules of civil procedure contemplate a motion for more definite statement in a case where a complaint is so vague or ambiguous as to make a response impossible.  Motions for more definite statements have been filed in cases where, for example, banks or lenders alleged that they owned “and/or” held mortgages and notes or that they held notes while simultaneously claiming the notes were lost, and so on.

How Does a Motion for More Definite Statement Help Homeowners?

There are a number of ways in which a Florida foreclosure attorney can help homeowners through a motion for more definite statement.  First, winning such a motion allows the homeowner to force the bank or lender to narrow their theory of the case.  Many foreclosure complaints are so vague in their allegations that it gives the homeowner’s opponent a wide variety of theories to pursue at trial.  It is always better to force the bank to stick with a specific, narrow theory of the case.  That way, the bank or lender will have less room for error and the homeowner’s attorney will have a better opportunity to prepare for one specific theory of the case, rather than having to guard against several different theories.
Secondly, winning a motion for more definite statement gives the homeowner a court order requiring a response from the bank or servicer by a certain date.  The bank or servicer’s failure to comply with such a court order can put their entire case at risk of being dismissed.

How Can the Attorneys at King, Nieves & Zacks Help Determine if Such a Motion is Necessary?
      The Florida foreclosure attorneys at KNZ have personally handled hundreds of foreclosure cases.  We will be able to discuss all of the possible responses to the foreclosure complaint filed against you.  Using all of our experience, we will be able to give you a roadmap of our strategy for the initial response to the complaint and a good ideas of the pros, cons, and likelihood of success.

In contrast to some other foreclosure firms, our promise to you is that your work will not be prepared by inexperienced associates.  Your work will not be drafted by unlicensed and untrained paralegals.  Paralegals will not influence our decision about what to file and how to best manage your case.  At KNZLaw, you can be assured that an attorney personally experienced in the Florida foreclosure process will attend to your matter.