[Chunga85]

The reluctance of lenders to come forward and identify themselves as the party that has been damaged by the alleged default raises the question: Have they been made whole (multiple times) by financial wizardry and stuffed the bill to the taxpayer? It's the rule rather than the exception that parties bringing foreclosures into court will refuse to respond to Debt Validation or Qualified Written Requests, Motions to Compel, etc. If a defendant get's too close to striking a nerve these foreclosing parties basically plead the Fifth and seek a Protective Order in an effort to avoid a deposition. Also worth consideration is the common practice by lenders who fail to record assignments properly and skip out on paying for legally required doc stamps (pursuant to FL Statute 201.08)

In the CASE cited here the plaintiff failed to pay the county $13,150.50 in doc stamp fees. This resulted in the court granting a Motion to Dismiss in favor of the defendants.

[Elle Bee]

when a lender "modifies" a mortgage they usually reduce the rate and change the term AND add on fees and interest

Those fees and interest make the modification a new note and they are supposed to pay doc stamps and record the new note

They rarely do and that becomes a problem

I've seen banks in second position (2nd mortgage) insist that they are then in first position because the lender who enters the modification doesn't do the paperwork to subordinate the second mortgage

It's a mess out there

.

[Elle Bee]

when a lender "modifies" a mortgage they usually reduce the rate and change the term AND add on fees and interest

Those fees and interest make the modification a new note and they are supposed to pay doc stamps and record the new note

They rarely do and that becomes a problem

I've seen banks in second position (2nd mortgage) insist that they are then in first position because the lender who enters the modification doesn't do the paperwork to subordinate the second mortgage

It's a mess out there

.